ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



BOARD DATE:  23 May 2019

DOCKET NUMBER:  AR20170003556


APPLICANT REQUESTS: Payment of Regular Army (RA) Career Counselor (Primary Military Occupational Specialty (PMOS) 79S) Special Duty Assignment Pay (SDAP), Level 4, from 8 March 1997 to 31 March 2001 and SDAP Level 2 from 8 March 1997 to 31 March 2001. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* All Army Activities (ALARACT) Message 014/2014 (SDAP) 
* Extract of DOD 7000.14-R (Financial Management Regulation), Volume 7A, Chapter 8
* Army Regulation (AR) 614-200 (Enlisted Assignment and Utilization Management)

FACTS:

1.  The applicant states he should be awarded and paid RA Career Counselor (PMOS 79S) SDAP Level 4 from 8 March 1997 to 31 March 2001 and SDAP Level 2 from 8 March 1997 to 31 March 2001.  He graduated the Career Counselor Course and was awarded secondary MOS (SMOS) 79S on 8 March 1997 and PMOS 79S on 27 August 1998.  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 15 February 1996.  He has been Ranger SQI "V" qualified since 14 September 2001 and assigned to the 75th Ranger Regiment since 4 January 2000.  He was told he could not be paid two SDAPs (Ranger SDAP Level 4 and Career Counselor.  He argues that:  

	a.  DOD Instruction 1304.27, April 10, 2009, Enclosure 2, paragraph 2, states "a. The 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 Reference (c)."  Furthermore, subparagraph c. states: "Active Component members entitled to basic pay under section 204 of Reference (c) receive the full monthly rates established by PDUSD (P&R) up to the maximum allowed under section 307 of Reference (c) for any full month in which the member is in a designated assignment." 

	b.  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 exceed the statutory limit, which is $600; however, they do not state in their policy that service members are only entitled to one SDAP. 

	c.  OSD also established the rates for Assignment Incentives pay (AIP) but in their policy, they state that service members are only entitled to one AIP.  DOD 1340.26 (AIP), Enclosure 2, paragraph 10: States:" a service members are not authorized to receive more than one AIP simultaneously for the same period of service.  If a service member is eligible for more than one AIP, he or she will receive the higher of these AIPs." 

	d.  By OSD stating that members are limited to one AIP and not stating the same with SDAP, it establishes an inconsistency in the policy.  Therefore, as long as the Soldier meets the qualifications for more than one SDAP and then he or she should be able to get more than one, up to the maximum allowed under section 307 or Title 37.  

2.  Review of the applicant's service records shows: 

	a.  He enlisted in the RA on 8 October 1991.  He held PMOS 11B (Infantryman).   He also completed the Airborne and Ranger Courses.  He was awarded SQI "V."

	b.  He attended the Retention NCO Course from 7 January to 7 March 1997.  He was awarded PMOS 79S4V and served as a battalion Career Counselor, 2nd Battalion, 75th Ranger Regiment, Fort Lewis, WA. 

	c.  He served in Alaska (beginning in March 2001), Afghanistan (twice), and Iraq (twice) and ultimately as Senior Career Counselor at Fort Sill, OK. 

	d.  He retired on 31 May 2017 and placed on the retired list in his retired rank/grade of sergeant major/E-9 on 1 June 2017. 

3.  The Army G-1 rendered an advisory opinion on 31 October 2018 in his case.  An advisory official recommended the Board approve his request for dual SDAP.  The official stated that although the Army never intended to pay dual SDAP, there are 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 is met through rigorous screening and or special schooling.  In the applicant's case, he qualified for two separate SDAPs without relation to each other (being a Career Counselor and being a member of the 75th Ranger Regiment).  However, there are cases, which would not merit dual SDAP, such as when a Soldier in Career Management Field (CMF) 18 is assigned to an operator billet in a Special Mission Unit and the SDAP was awarded one or more of same qualifiers listed above.

4.  The applicant was provided with a copy of this advisory opinion to give him an opportunity to submit a rebuttal/additional comments.  

5.  ALARACT Message 014/2014 provided SDAP guidance effective 1 February 2014.  Ranger-qualified Soldiers (E-5 and above) who were assigned to SQI "V" positions in the 75th Ranger Regiment were authorized SD-4.  Effective 1 February 2014, SDAP was terminated for Regular Army Career Counselors (PMOS 79S).  However, half amounts were 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 time period.

BOARD DISCUSSION:

The Board carefully considered the applicant’s request, The Human Resources Command advisory opinion, supporting documents, and the applicant’s record and found sufficient evidence to grant relief.  The Board agreed that the applicant met all the criteria to receive both Special Duty Assignment Pay (SDAP) Level 4 as a career counselor in MOS 79S, and SDAP Level 2 because he held the Skill Qualification Indicator (SQI) V (Ranger qualified Soldiers serving in Ranger units/Special Mission Units) during overlapping intervals and is entitled to receive both SDAPs simultaneously for applicable time periods.  According to the applicant’s Enlisted Record Brief, the applicant served as a Career Counselor from 01 April 1997 to 10 May 2011 and a Ranger in Ranger units from 12 September 1994 to 8 April 2001.  Therefore, the board determined that full relief was warranted.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:x	:x	:x	GRANT FULL RELIEF

: 	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 having DFAS pay him any unpaid Special Duty Assignment Pay for both of the following SDAP categories, which the applicant is entitled to receive simultaneously:

	1.  SDAP Level 2, for Ranger duties in assigned Ranger units from 12 September 1994 to 8 April 2001, and 

	2.  SDAP Level 4, as a Career Counselor from 01 April 1997 to 10 May 2011 

SIGNATURE:

According to the applicant’s Enlisted Record Brief, the applicant served as a and a Ranger in Ranger units from 
				 
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.


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/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 $150.00 and SD-4 pays $300.00.

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, half amounts were 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 time period.


ABCMR Record of Proceedings (cont)	 AR20170003556


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