ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 August 2019 DOCKET NUMBER: AR20170005632 APPLICANT REQUESTS: payment for Special Duty Assignment Pay (SDAP) for recruiter and special mission assignment. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders 336-1646 Awarded MOS (Mission of Service) 11C (Indirect Fire Infantryman) * Orders 154-710 (Assignment to Recruiting Battalion) * Orders 69-00007 (SDAP Award) * Orders 158-004 (Assignment to Special Forces) * Orders 095-005 (Change of station to Special Forces) * Orders 095-005 (MOS 79R-Recruiter) * Enlisted Record Brief * Copy of DoD 7000.14-R (Financial Management Regulation) * ALARACT 014/2014 SDAP * Copy of Recruiter Certificate * Memorandum requesting payment of SDAP FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he has a special duty assignment pay issues. He was authorized both recruiter and special mission SDAP. He was paid for recruiter SDAP and special mission SDAP but never both authorized SDAPs. 3. The applicant provides a copy of Orders 154-710, Orders 69-00007, Orders 158-004 Orders 095-005, and Orders 095-005. His Enlisted Record Brief shows MOS 79R and 11C were assigned. DoD 7000.14-R shows information concerning SDAP for enlisted members. A copy of ALARACT 014/2014 details the purpose of the SDAP program. A copy of his recruiter certificate is provided and a memorandum requesting SDAP. He received a letter from ADRB instructing him to submit his application again if he has never had a personal appearance before the ADRB and that he can apply for relief through the ABCMR. 4. A review of the applicant’s record show the following: a. He enlisted in the Nebraska Army National Guard (NEARNG) on 28 May 1992. b. His DD Form 214 (Certificate of Release or Discharge from Active Duty) released him from active duty on 30 July 1993 with an honorable character of service. He completed 1 month and 28 days of active duty service. c. NGB Form 22 (Report of Separation and Record of Service) shows that the applicant was discharged on 23 February 1994 with a character of service of honorable. d. He enlisted in the Regular Army (RA) on 24 February 1994. e. Orders 336-1646, dated 1 December 2000, awards the applicant the primary mission of service of 11C (Indirect Fire Infantryman). f. Orders 154-719, dated 3 June 2010, changes the applicant’s duty station from Kansas City Recruiting Battalion to Fort Bragg, NC. g. Orders 69-0007, dated 1 February 2014, awards proficiency pay in the amount of $375 to the applicant. h. Orders 095-005, dated 4 April 2016, changes the applicant’s duty station from Special Forces Detachment Fort Bragg, NC to Sergeant Majors Academy Fort Bliss TX. i. An advisory opinion, dated 28 February 2019, states that after careful review of this case, it is recommended that the Board approve the applicant’s request for dual SDAP. However, in 2014, SDAP was limited to production recruiters in a recruiting center or station and the Board must determine if the applicant's assignment to an SMU qualified as a recruiting center or station (emphasis added). j. The applicant was provided a copy on 5 March 2019, which also included an Ex-Parte letter with the date informing him that he had 30 days from the date of the letter to respond to the advisory opinion; however, he did not respond. 5. DoD 7000.14-R (Financial Management Regulation) chapter 8, states that enlisted member entitled to basic pay may qualify for SDAP when the member performs duties designated by the Secretary concerned as extremely difficult or involving an unusual degree of responsibly. A member entitled to SDAP may receive such pay in addition to any other pay or allowance to which entitled. SDAP is awarded according to the applicable regulations of the Military Service concerned. 6. ALARACT Message 014/2014, DTG 152003Z January 2014, Subject: SDAP, provided guidance which was effective 1 February 2014. a. Soldiers assigned to SMUs are authorized SD-2, SD-3, SD-4, SD-5, or SD-6 based on position requirement. b. Production recruiters and station commanders assigned to a recruiting center or station are authorized SD-5. c. Effective 1 February 2014, SDAP was terminated for Soldiers/recruiters not assigned to a recruiting center or station. 7. An equal case scenario was provided to a USAREC official, who stated that although 79Rs are allowed two SDAPs in certain situations, they do not consider their tenure with an SMU to equal that of being assigned to a recruiting center or station. The USAREC official confirmed they do not publish SDAP orders to pay recruiters for being assigned to SMUs. In addition, an official from the Army G1, Incentives and Compensation Branch, further stated the intent was to pay dual SDAP to production recruiters, not in-service recruiters. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. The Board concluded that the applicant may have been performing recruiter-like duties by attempting to informally recruit future Soldiers for his special mission unit, however, based upon the preponderance of the evidence, the Board determined those duties did not qualify as a recruiting center or station. For that reason, the Board recommended denying the applicant’s requested relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. DoD 7000.14-R (Financial Management Regulation) chapter 8, states that enlisted member entitled to basic pay may qualify for SDAP when the member performs duties designated by the Secretary concerned as extremely difficult or involving an unusual degree of responsibly. A member entitled to SDAP may receive such pay in addition to any other pay or allowance to which entitled. SDAP is awarded according to the applicable regulations of the Military Service concerned. 3. ALARACT 014/2014 (Special Duty Assignment Pay) states that Army regards SDAP as a valuable tool to encourage members to volunteer to perform extremely demanding or duties demanding an unusual degree of responsibility. 4. DODi 1304.27 (Award and Administration of Special Duty Assignment Pay) identifies conditions of entitlement and restrictions on authorization and payment. For the purpose of this Instruction, those elements of the enlisted classification structure of a Military Service that identify a skill or groups of skills necessary to perform military assignments. * Military specialties provide occupational standards for procurement, training, classification, assignment, and career development, and identify military skills so closely related that a degree of interchange exists between members. Military specialties also establish a normal career progression pattern for members. * Production recruiters for the purpose of this instruction, individuals assigned to recruiting duties under regulations issued by the Military Services. * Special duty assignment pay (SDAP) for the purpose of this instruction, a monthly payment made in addition to any other pay and allowances to which an enlisted member is entitled to compensate for assignment to duties designated as extremely difficult or involving an unusual degree of military skill. 5. AR 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 SOAP 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 SOAP levels 1 through 6. SD-2 pays $150.00 and SD-4 pays $300.00. ABCMR Record of Proceedings (cont) AR20170005632 0 3 1