| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Mr. Raymond J. Wagner | Chairperson | |
| Mr. Roger W. Able | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: Reconsideration of his request for hazardous duty pay.
APPLICANT STATES: That the Board’s invocation of the Barring Act was inappropriate since he has been attempting to get his hazardous duty pay since 1956.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 2 May 2002 (AR2001065364).
In support of his request for reconsideration he submits a letter from the Army Finance Center, dated 20 November 1956, to the Field Records Division. In that letter it was requested that the applicant’s unit’s records be searched for a military pay order (hazardous duty orders). The applicant also submits a letter from his elected representative informing the applicant that his hazardous duty status could not be established because of an absence of hazardous duty orders.
The Department of Defense Pay Manual (DODPM), paragraph 20331, Demolition Duty Entitlement, states that a soldier entitled to basic pay who is required by competent orders to perform duty involving the demolition of explosives as a primary duty, is entitled to incentive pay.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. The documentation submitted by the applicant shows that he did, in fact, attempt to be paid hazardous duty pay as early as 1956. As such, the invocation of the barring statute in the Board's 2 May 2002 Memorandum of Consideration was in error.
2. However, this documentation shows that in 1956 action was taken to locate the applicant's hazardous duty orders, which are required for a soldier to receive hazardous duty pay. In 1958 his Representative in Congress notified him that the Army could not locate any hazardous duty orders pertaining to him. That response essentially exhausted his administrative avenues to receive hazardous duty pay unless he could produce the missing hazardous duty orders.
3. In the absence of other documentation not made available to the Board, the applicant's next attempt to be given hazardous duty pay was in his application to the Board on 1 November 2001, 43 years after his Representative in Congress informed him that his hazardous duty orders could not be located.
4. The fire at the records repository at St. Louis, Missouri, was in 1973. That fire, which destroyed the applicant's military records, along with the passage of time, has now made it impossible to recreate what occurred in the applicant's case. However, since his records were reviewed for hazardous duty orders when they were still intact, and no orders were found, he was not entitled to hazardous duty pay. He has not submitted any documentation which alters the finding made in 1958.
5. The overall merits of the case, including the latest submissions and arguments, are insufficient as a basis for the Board to reverse its previous decision.
6. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
___jtm __ ___rwa__ ____jtm _ DENY APPLICATION
| CASE ID | AR2002075906 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20021010 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 128.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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