BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150017386 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 BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150017386 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 showing the applicant is authorized Special Duty Assignment Pay (SDAP) for military occupational specialty 79S (Career Counselor) for the period 13 December 2007 to 10 March 2009 and paying him the SDAP as a result of this correction. __________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. BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150017386 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 of Special Duty Assignment Pay (SDAP) for his duties as a Regular Army Career Counselor for the period from 13 December 2007 to 10 March 2009. 2. The applicant states: a. He was awarded primary military occupational specialty (PMOS) 79S (Career Counselor) on 13 December 2007. He was awarded and has been receiving SDAP Level 4 for being assigned to a valid Ranger-coded special qualification identifier (SQI) "V" position in the 75th Ranger Regiment since 1 September 2005. He has been Ranger SQI "V" qualified since 22 December 2001 and assigned to the 75th Ranger Regiment since 10 September 1998. He was told that he could not be paid the dual SDAPs (Ranger SDAP Level 4 and Career Counsel SDAP Level 4). b. The Department of Defense (DOD) Instruction (DODI) Number 1304.27 (Award and Administration of SDAP), dated 10 April 2009, Enclosure 2, paragraph 2, states, "The [Principal Deputy Under Secretary of Defense (Personnel and Readiness) (PDUSD (P&R)) shall establish by memorandum, as required, the monthly amounts awarded for SDAP Levels SD-1, SD-2, SD-3, SD-4, SD-5, and SD-6, not to exceed the maximum allowed under section 307 of [Title 37, U.S. Code]." Furthermore, subparagraph c states, "Active Component members entitled to basic pay under section 204 [Title 37, U.S. Code] receive the full monthly rates established by PDUSD (P&R) up to the maximum allowed under section 307 [Title 37, U.S. Code] for any full month in which the member is in a designated assignment." c. The Office of the Secretary of Defense's (OSD) policy is clear in that OSD establishes the rates for SDAP and that Active Component members receive the full monthly rates not to exceed the statutory limit, which is $600.00. However, they do not state in their policy that service members are only entitled to one SDAP. OSD also established the rates for Assignment Incentive Pay (AIP); however, OSD states in their policy that service members are only entitled to one AIP. Service members are not authorized to receive more than one AIP simultaneously for the same period of service. d. OSD stating that members are limited to one AIP and not stating the same with SDAP establishes an inconsistency in the policy. Therefore, as long as the Soldier meets the qualification for more than one SDAP, then he/she should be able to receive more than one, up to the maximum allowed under section 307 of Title 37, U.S. Code. 3. The applicant provides the following: * Enlisted Record Brief (ERB) * Permanent Orders (PO) Number 349-299 * Military Personnel (MILPER) Message Number 06-082 * Career Counselor Course Diploma * DODI Number 1304.27, dated 10 April 2009 * All Army Activities (ALARACT) Message Number 014/2014, subject: SDAP * DOD Financial Management Regulation Number 7000.14-R, Volume 7A, chapter 8 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are sufficient bases to waive the statute of limitations. 2. The applicant enlisted in the Regular Army on 2 February 1998 and he holds MOS 11B (Infantryman) and PMOS 79S (Ranger). 3. Section IX (Assignment Information) of his ERB shows he was assigned to the 75th Ranger Regiment on 12 September 1998. 4. His records contain and he provided PO Number 349-235, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA on 14 December 2000, awarding him MOS 11B1V effective 21 December 2000. 5. He was promoted to sergeant (SGT)/E-5 on 1 October 2001. 6. The applicant's record is void of orders authorizing him SDAP for his duties as a Career Counselor during the period in question. His record does contain Orders Number 351-0006, issued by Headquarters, U.S. Army Recruiting Command on 17 December 2013, changing his SDAP level rate from 4 to 2, in PMOS 79S4V, effective 1 February 2014. 7. He provided the following: a. MILPER Message Number 06-082, dated 10 March 2006, titled, "SDAP Rate Change for Ranger Coded QSI "V" Positions in the 75th Ranger Regiment (Active and Reserve Component)." This message informed Soldiers of the regiment that their SDAP rate increased from SD-2/$150 to SD-4/$300 per month by order of the Secretary of the Army effective 15 February 2006. Orders must be published to award, change, terminate and reinstate SDAP. b. A Career Counselor Course Diploma, dated 13 December 2007, issued for his completion and graduation from this course. The diploma shows he attended the school from 15 October to 13 December 2007. c. DODI Number 1304.27, dated 10 April 2009, referencing the establishment of the policies and procedures for entitlement to SDAP. d. ALARACT Number 014/2014 provides update guidance for the payment of SDAP during the transition period ending on 31 January 2015. The memorandum stated, "Ranger-qualified Soldiers (SGT and above), assigned to SQI "V" positions in the 75th Ranger Regiment were authorized SD-4." It further stated Regular Army Career Counselor (PMOS 79S) SDAP was terminated effective 1 February 2014. e. DOD Financial Management Regulation Number 7000.14-R, Volume 7A, chapter 8 (SDAP), referencing the policies and procedures for entitlement to SDAP. 8. In an advisory opinion, dated 25 February 2016, the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff, G-1, recommended approval of the applicant's request for payment of dual SDAP. The G-1 official stated: a. Although the Army never intended to pay dual SDAP, there were cases where it would be warranted. SDAP is paid when the Secretary concerned determines the 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 was met through rigorous screening and or special schooling. b. In the applicant's case, he qualified for two separate SDAPs without relation to each other – as a Career Counselor and for being a member of the 1st Battalion, 75th Ranger Regiment. 9. The advisory opinion was forwarded to the applicant for acknowledgment and/or comment. He did not respond. REFERENCES: 1. DODI Number 1304.27 states the military service shall designate duties eligible for SDAP and the levels authorized when the duties of the occupational specialty and the individual assignment meet one or more of the following criteria: * extremely demanding personal effort is necessary to ensure successful mission accomplishment * a greater than normal degree of responsibility or difficulty is expected in a regular military assignment for a member’s grade and experience * the requirement of special qualifications is met through rigorous screening and/or special schooling 2. DODI Number 1304.27 states officials shall terminate SDAP for a member when it is determined that the member failed to meet the following requirements for continued receipt: * reclassified out of a military specialty designated for award of SDAP to a military skill not designated for award of SDAP * assigned or detailed to duty not designated for SDAP * performed an additional duty that does not interfere substantially with performance in the special duty assignment * is in an in-patient status * is in a pipeline status or on authorized leave 3. DOD 7000.14-R, Volume 7A, chapter 8, Table 8-1, states an Active Component members in a pay status, serving in pay grade E-3 or higher, is qualified for and serving in the designated special duty assignment may be awarded the prescribed monthly SPD rate of pay. Table 8-2 states when a member receiving SDAP has the SDAP rating withdrawn for any reason or fails to maintain the minimum level of qualification required for satisfactory performance in the military skill, then the SDA status is withdrawn. 4. Title 37, U.S. Code, section 307 (Special pay: special duty assignment for enlisted members) states an enlisted member who is entitled to basic pay and is performing duties which have been designated under subsection (b) as extremely difficult or as involving an unusual degree of responsibility in a military skill may, in addition to other pay or allowances to which he is entitled, be paid special duty assignment pay at a monthly rate not to exceed $600. DISCUSSION: The evidence of record shows the applicant qualified for payment of two separate SDAPs, without relation to each other, as a Career Counselor and for being an MOS qualified member of the 75th Ranger Regiment for the period in question. From his statement, he received SDAP for his Ranger special skill qualification and assignment. However, he did not receive SDAP for his duty status as a qualified and trained Career Counsel. The advisory official in this case recommended granting relief, stating that the applicant qualified for two separate SDAPs without relation to each other – as a Career Counselor and for being a member of the 1st Battalion, 75th Ranger Regiment. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017386 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017386 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2