AR20160002668

IN THE CASE OF:

BOARD DATE: 26 April 2016

DOCKET NUMBER: AR20160002668

BOARD VOTE:

___X____ ____X___ ____X___ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

IN THE CASE OF:

BOARD DATE: 26 April 2016

DOCKET NUMBER: AR20160002668

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 12 March 2011 through 31 January 2014.

b. Preparing appropriate orders authorizing the award of SDAP-2 ($150) for his qualification as a career counselor (PMOS 79S) during the period 1February 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: 26 April 2016

DOCKET NUMBER: AR20160002668

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, in effect, correction of his records to show:

* eligibility to receive Special Duty Assignment Pay (SDAP) at level SD-4 for duty as a Regular Army Career Counselor (primary military occupational specialty (PMOS) 79S) during the period 12 March 2011 through 31 January 2014
* eligibility to receive SDAP at level SD-2 for the period 1 February 2014 through 31 January 2015

. The applicant states:

* he was awarded the special qualification identifier “V” (Ranger-qualified) on 25 July September 2008
* he has been assigned to the 75th Ranger Regiment since 26 July 2008
* he had been receiving SDAP at level SD-4 since 26 January 2008 for being a Ranger-qualified Soldier assigned to the 75th Ranger Regiment
* he was awarded MOS 79S on 11 March 2011
* he was told he could not be paid two SDAPs (as a Ranger in the 75th Ranger Regiment (level SD-4) and a Career Counselor (level SD-4))
* Department of Defense Instruction (DoDI) 1304.27 (Award and Administration of SDAP) states in 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
* DoDI 1340.26 (Assignment Incentive Pay (AIP)) does set limits for AIP, stating members cannot receive more than one, but is paid the higher of the AIPs for which eligible; this DoDI establishes an inconsistency in pay policy
* he contends 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 Course Graduation Certificate
* Assignment orders to the 75th Ranger Regiment
* Career Counselor Course Graduation Certificate
* DoD 7000.14-R, Financial Management Regulation, Volume 7A,
* Chapter 8 (SDAP – Enlisted Members)
* DoDI 1340.27
* Extract from Army Regulation 614-200
* All Army Activities (ALARACT) Message 014/2014, date-time group (DTG) 152003Z January 2014, Subject: SDAP
* Military Personnel (MILPER) message 06-082

CONSIDERATION OF EVIDENCE:

1. The applicant enlisted in the Regular Army on 31 March 2005.

2. His official military personnel file (OMPF) contains the following documents:

a. Permanent Orders (PO) Number 204-3281, dated 22 July 2008, issued by Headquarters, U.S. Army Infantry Center, awarding him the Ranger Tab (MOS 11B1V) effective 25 July 2008.

b. U.S. Army Soldier Support Institute, Recruiting and Retention School Graduation Certificate for the Career Counselor Course, dated 11 March 2011.

c. DA Forms 2166-8 (Noncommissioned Commissioned Officer Evaluation Report) show he was serving a Career Counselor in a Ranger Regiment during the period in question.

3. In an advisory opinion, dated 25 February 2016, an official from the Army Deputy Chief of Staff (DCS), G-1, recommended approval of the requested relief.
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 (that of Career Counselor and for being a member of the 75th Ranger Regiment).

4. The applicant was provided a copy of the advisory opinion; however, he did not respond.

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. 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 1February 2014 through 31 January 2015. As such, those Career Counselors who had been receiving SD-4 would now be eligible to receive SD-2 this for time period.

DISCUSSION:

1. The evidence of record indicates the applicant was Ranger-qualified and assigned to the 75th Ranger Regiment, making him qualified to receive SDAP level SD-4 pay. Additionally, he was qualified as a Career Counselor (PMOS 79S). This designation also qualified him to receive SDAP level SD-4. Effective 1 February 2014, the Army changed its policy and Career Counselors were no longer authorized to receive level SD-4 SDAP, but could receive SD-2 pay for the period 1February 2014 through 31January 2015.

2. An official from the Army DCS, G-1 has determined that, while it was not the Army’s intent to have Soldiers receive two SDAP payments, the applicant’s situation is unique. The official recommends granting the requested relief.

3. Based upon the foregoing, it appears the applicant is eligible for the requested relief.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20160002668

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20160002668

4

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2