IN THE CASE OF: BOARD DATE: 17 May 2016 DOCKET NUMBER: AR20150016207 BOARD VOTE: ___x____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 17 May 2016 DOCKET NUMBER: AR20150016207 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. Preparing appropriate orders authorizing the award of Special Duty Assignment Pay (SDAP) at level SD-4 ($300) for his qualification as a career counselor (PMOS 79S) during the period 16 December 2004 through 31 January 2014. b. Preparing appropriate orders authorizing the award of SDAP at level SD-2 ($150) for his qualification as a career counselor (PMOS 79S) during the period 1 February 2014 through 31 January 2015. c. Paying the applicant SDAP in accordance with the above-stated orders. _______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 17 May 2016 DOCKET NUMBER: AR20150016207 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests award and payment for: * Special Duty Assignment Pay (SDAP) at level SD-4 for duty as a Regular Army Career Counselor (primary military occupational specialty (PMOS) 79S (Career Counselor)) during the period 16 December 2004 through 31 January 2014 * SDAP at level SD-2 for duty in PMOS 79S during the period 1 February 2014 through 31 January 2015 2. The applicant states: a. He was awarded and has been receiving SDAP at level SD-4 for being assigned to a valid Ranger coded special qualification identifier (SQI) "V" position in the 75th Ranger Regiment since 15 February 2006. He has held Ranger SQI "V" since his qualification on 12 August 1994. He has been assigned to the 75th Ranger Regiment since 26 August 2001. He was told he could not be paid two SDAPs (Ranger SDAP at level SD-4 and Career Counselor SDAP at level SD-4) by Army personnel managers. b. Department of Defense Instruction (DoDI) 1304.27 (Award and Administration of SDAP) states at Enclosure 2, paragraph 2, that SDAP is established by memorandum and is paid monthly in amounts according to levels (identified as levels 1 through 6); the maximum amount cannot exceed $600 as set forth in section 307 of Title 37, U.S. Code. DoDI 1304.27 does not limit the number of SDAPs a Soldier can receive. c. As long as the Soldier meets the qualifications for more than one SDAP, he or she should be paid the additional amounts up to and including the maximum allowable amount. 3. The applicant provides: * Ranger Couse Graduation Certificate * Assignment orders to the 2nd Battalion, 75th Ranger Regiment * Career Counselor Course Graduation Certificate * DoDI 1304.27 * All Army Activities (ALARACT) Message 014-2014, date-time group (DTG) 152003Z January 2014, subject: SDAP * Military Personnel (MILPER) message 06-082, issued 10 March 2006 * DoD 7000.14-R, Financial Management Regulation, Volume 7A, Chapter 8 (SDAP - Enlisted Members) CONSIDERATION OF EVIDENCE: 1. On 22 October 1991 the applicant enlisted in the Regular Army. 2. Headquarters, U.S. Army Infantry Center, Fort Benning, GA, Permanent Orders 153-234, dated 5 August 1994, awarded the applicant the Ranger Tab (MOS 11B1V) effective 12 August 1994. 3. On 29 September 1994 he immediately reenlisted. On 28 September 1999 he was discharged based on completion of required service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his PMOS as 11B (Infantryman) with the SQI "V." 4. On 9 May 2001 he enlisted in the Regular Army. On 26 August 2001 he was assigned to 2nd Battalion, 75th Infantry Ranger Regiment. On 9 January 2004 he immediately reenlisted for an indefinite period. 5. On 16 December 2004, a U.S. Army Soldier Support Institute Certificate from the Recruiting and Retention School at Fort Jackson, SC, shows the applicant graduated from the Career Counselor Course on 16 December 2004. 6. DA Forms 2166-8 (Noncommissioned Commissioned Officer Evaluation Report) show he was serving as a Career Counselor in the 75th Ranger Regiment during the period in question. 7. In an advisory opinion, dated 25 February 2016, an official from the Army Deputy Chief of Staff (DCS), G-1, recommended approving the applicant’s request based on the following information: a. Although the Army never intended to pay dual SDAP, there are cases where it would be warranted. b. SDAP is paid when the Secretary concerned determines a duty or assignment requires an extremely demanding personal effort to ensure successful mission accomplishment, or the duty or assignment requires a greater than normal degree of responsibility, or the duty or assignment requires a special qualification that is met through rigorous screening or special schooling. c. In the applicant's case, he qualified for two separate SDAPs without relation to each other. He is qualified as a Career Counselor and is a member of the 75th Ranger Regiment. 8. The applicant was provided a copy of the advisory opinion; however, he did not provide a rebuttal or acknowledgement statement. REFERENCES: 1. Army Regulation 614-200 (Enlisted Assignment and Utilization Management) provides guidance on the selection of enlisted Soldiers for assignment, utilization, reclassification, detail, transfer, and training. a. Paragraph 3-21 (Scope) states SDAP is a monetary incentive paid to enlisted Soldiers who qualify for and serve in designated special duty (SD) assignments that have extremely demanding duties requiring extraordinary effort for satisfactory performance or an unusual degree of responsibility. The Secretary of the Army determines which SDs are eligible to receive SDAP and may initiate, terminate, increase, or decrease SDAP for any skill. It shows that orders must be issued to award, change, terminate, and reinstate SDAP and that the Commander, HRC, is the order issuing authority. b. Paragraph 3-23 (Eligibility Criteria for SDAP) shows Regular Army Career Counselors whose PMOS is 79S are authorized SD-4. Ranger qualified Soldiers, grades sergeant (SGT)/E-5 and above, assigned to SQI "V" positions in the 75th Ranger Regiment are authorized SD-4. c. Paragraph 3-24 (Method of Payment) indicates SDAP is paid in addition to any other pay and allowances. The monthly rate of pay equates to SDAP levels 1 through 6. SD-2 pays $150 and SD-4 pays $300. 2. All Army Activities (ALARACT) Message 014/2014, DTG 152003Z January 2014, Subject: SDAP, provided guidance which was effective 1 February 2014. a. Ranger-qualified Soldiers (SGT and above) who were assigned to SQI "V" positions in the 75th Ranger Regiment were authorized SD-4. b. Effective 1 February 2014, SDAP was terminated for Regular Army Career Counselors (PMOS 79S). However, a lowered rate was authorized for the period 1 February 2014 through 31 January 2015. As such, those Career Counselors who had been receiving SD-4 would now be eligible to receive SD-2 for this specified time period. Effective 31 January 2015 SDAP for MOS 79S ended. DISCUSSION: 1. The applicant states he was awarded and has been receiving SDAP at level SD-4 for his assignment to a valid Ranger coded SQI "V" position in the 75th Ranger Regiment since 15 February 2006. 2. Concurrently, he is a qualified Career Counselor (PMOS 79S). This designation also qualified him for SDAP at level SD-4. Effective 1 February 2014, the Army changed its policy and Career Counselors (PMOS 79S) were no longer authorized to receive level SD-4 SDAP, but could receive SD-2 pay for the period 1 February 2014 through 31 January 2015. 3. An official from the Army DCS, G-1 determined that, while it was not the Army's intent to have Soldiers receive two SDAP payments, the applicant's situation does warrant dual payment of SDAP. Therefore, it would be appropriate to issue multiple orders authorizing the payment of SDAP SD-4 for PMOS 79S effective from 16 December 2004 through 31 January 2014 and SDAP SD-2 effective from 1 February 2014 through 31 January 2015 for PMOS 79S. The lower SDAP rate and then subsequent termination of SDAP for PMOS 79S is based on the guidance noted in ALARACT Message 014/2014. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016207 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016207 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2