BOARD DATE: 30 July 2020 DOCKET NUMBER: AR20180006585 APPLICANT REQUESTS: entitlement to back payment of Special Duty Assignment Pay (SDAP). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * All Army Activities (ALARACT) Message 308/2013 * Enlisted Record Brief dated 5 May 2015 * Modified Table of Organization and Equipment (MTOE) dated 26 February 2018 * Permanent Orders 058-01 dated 15 March 2018 * Memorandum For Record (MFR) – Justification for SDAP-3 Back Pay dated 15 March 2018 * Army Regulation (AR) 614-200 (Enlisted Assignments and Utilization Management) FACTS: 1. The applicant states that he was slotted in an “L3” coded position that should have entitled him to SDAP-3 during the time frame of 7 July 2007 to 13 February 2013 as a staff sergeant (SSG) / E-6. He contests that the unit that he was assigned to was not aware that their L3 positions were entitled to SDAP-3 pay entitlements during his assignment to the unit. Soldiers currently assigned within the 26th Chemical Detachment (Reconnaissance) have been told that they are entitled to and can now apply for back payment during their time while serving within the unit. He is a chief warrant officer two (CW2) / WO2 and just received notice that he can apply for back payment from while he was serving as an enlisted Soldier. 2. A review of the applicant’s available service records reflects the following: a. On 15 December 2003 he enlisted in the United States Army Reserve (USAR). b. On 26 May 2004 he enlisted in the Regular Army. c. On 27 October 2007 he was reassigned to the 26th Chemical Detachment (Reconnaissance) as a 74DL3 (Chemical Operations NCO – CBRN NCO). The “L3” Additional Skill Identifier (ASI) refers to Soldiers assigned duties as a “Technical Escort.” d. On 1 September 2009 he was promoted to the SSG / E-6. e. On 14 February 2013 he was reassigned to the 7th Special Forces Headquarters as a Staff Noncommissioned Officer (NCO). The “L3” ASI was not assigned to this position. f. On 1 January 2014 he was promoted to the rank of sergeant first class (SFC) / E-7. g. On 28 April 2015 he was discharged at the rank of SFC to accept appointment as a warrant officer. h. On 29 April 2015 he was appointed as a warrant officer and he is currently serving in the rank of CW2. 3. The applicant provides the following: a. ALARACT 308/2013 reflective of the policy guidance pertaining to SDAP wherein it provides that Soldiers assigned to Special Mission Units are authorized SD-2 – SD-6 depending upon their position of assignment. Soldiers assigned to Technical Escort Duties in specified SDAP positions are authorized SD -2. This reduction was put into effect on 1 February 2014. b. Enlisted Record Brief dated 5 May 2015 reflective of his personnel record history. Section XI (Assignment History) provides a detailed account of his previous assignments noting assignment to a position requiring the “L3” ASI from 27 October 2007 through 14 February 2013. c. Modified Table of Organization and Equipment (MTOE) dated 26 February 2018 reflective of the approved positions under the “CBRN Reconnaissance Detachment”; the following positions are identified with “L3” ASI – Detachment Sergeant, Team Leader, Assistant Team Leader and CBRN NCO. d. Permanent Orders 058-01 dated 15 March 2018 reflective of his commander awarding SDAP -3 in the amount of $225.00 effective 7 July 2007 with a termination date of 13 February 2013. e. Memorandum for Record – Justification for SDAP-3 Back Pay, dated 15 March 2018, reflective of his commander’s verification statement wherein he provides that the unit that the applicant was serving in was not aware, during his assignment, that their “L3” coded positions were entitled to SDAP-3 pay. Soldiers currently assigned to the 26th Chemical Reconnaissance Detachment were advised that they could apply for back pay for this entitlement for the period of time that they were assigned to this unit. At the time, the applicant was serving as an enlisted Soldier. 4. See applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief is warranted. 2. The Board agreed that the record clearly shows the applicant was authorized SDAP-3 while serving as an enlisted member in an "L3" coded position. The Board determined the appropriate office should review the applicant's records to determine the specific period of his eligibility for SDAP-3 and he should be paid any amount he is authorized for that period. 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 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 was approved to receive Special Duty Assignment Pay at the applicable level for his period of service in a position requiring Additional Skill Identifier "L3" and paying him any amount he is due as a result of this correction. 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 (AR) 314-200 (Enlisted Assignments and Utilization Management) provides that Special Duty Assignment Pay (SDAP) is a monetary incentive paid to enlisted Soldiers who qualify for and serve in designated SD assignments that have extremely demanding duties requiring extraordinary effort for satisfactory performance or an unusual degree of responsibility. The Secretary of the Army (SECARMY) determines which SDs are eligible to receive SDAP and may initiate, terminate, increase, or decrease SDAP for any skill. Orders must be issued to award, change, terminate and reinstate SDAP. The correct level of SDAP should be annotated in the additional instruction block of the order. a. Enlisted Soldiers are eligible to receive SDAP when they are entitled to basic pay and serving on active duty, are serving in grade of Private First Class or higher, have completed special schooling required for qualification in the SD assignment or have completed equivalent assignment and are certified as qualified for and actually serving in an authorized SD assignments. Technical escort unit Soldiers in specified SDAP positions are authorized SD–2. To continue to receive SDAP a Soldier must be properly assigned and performing the duties of the designated SD assignment. b. Special duty assignment pay is in addition to any other pay and allowances to which Soldiers are entitled. The monthly rate of pay equates to SD levels: for example, SD–1=$75, SD–2=$150, SD–3=$225, SD–4=$300, SD–5=$375, and SD–6=$450. c. SDAP will be terminated when a Soldier is reclassified to a specialty that is not designated to receive SDAP. 2. MILPER Message Number 03-261 dated 23 September 2003 provides that effective 1 October 2003 the Assistant Secretary of Defense approved new SDAP rate levels. The revised monthly rate are Soldiers assigned to SD–1=$75, SD–2=$150, SD–3=$225, SD–4=$300, SD–5=$375, and SD–6=$450. Technical Escort unit Soldiers in specified SDAP positions are authorized SDAP-3. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180006585 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1