RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 August 2007
      DOCKET NUMBER:  AR20070000875


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Gerald J. Purcell             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that he be paid sea duty pay.  He also states,
“…and give me a (sic) honorable discharged (sic)….”

2.  The applicant states, in effect, that he performed supercargo duties
and was eligible to receive sea duty pay.  He also states, in his rebuttal
to the advisory opinion obtained in this case, that he went for some time
without pay, which caused him to have to file bankruptcy.  He also states
that he has been assigned to a unit since he signed up for the U. S. Army
Reserve (USAR); however, he was never told where and when to report to the
unit and he has received letters from them stating he is absent without
leave (AWOL).

3.  The applicant provides a memorandum, dated 12 August 2005; a U. S. Navy
Ship Watkins supercargo personnel roster, dated 17 February 2005; active
duty orders, dated 22 November 2003; an email, dated August 2005; and the
front page of a DA Form 638 (Recommendation for Award), dated 25 August
2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant served in Operation Iraqi Freedom.

2.  The applicant served in the Regular Army from 25 September 1992 until
he was released from active duty on 24 January 1996, when he was
transferred to the U. S. Army Reserve (USAR) effective 25 January 1996.  He
apparently transferred to the Army National Guard on an unknown date.  His
electronic records contain an enlistment contract dated 17 July 2003
showing he enlisted in the USAR on that date for 8 years and for assignment
to the 348th General Hospital.  Other information in the Soldier Management
System shows his expiration of term of service as 18 June 2009.

3.  On orders dated 22 November 2003, the applicant was involuntarily
transferred from the 348th “MC” Hospital to the 1019th Combat Support
Company, an alerted unit.  On or about 10 December 2003, he was ordered to
active duty with his unit, the 1019th Combat Support Company.  He was
promoted to Sergeant, E-5 on 1 December 2004.

4.  The applicant provided a 12 August 2005 memorandum from the 1019th
Quartermaster Company commander, in which the commander certified that the
applicant satisfactorily performed supercargo duties for the unit in
accordance with official orders during the period 18 February to 23 March
2005 while on board the U. S. Navy Ship Watkins.  The commander stated that
no written military orders were ever produced by higher command for the
applicant or any other Soldiers performing the same types of duties.  The
commander stated the applicant should have been paid for the time they were
at sea, “which is the period of 18 Feb 05 to 23 Feb 05.”

5.  The applicant was apparently released from active duty around August
2005.  A DD Form 214 (Certificate of Release or Discharge from Active Duty)
for this period of service is not posted to his electronic records.
Effective 17 August 2005, he was reassigned to the 348th “MC” Hospital upon
returning from active duty.

6.  A Chronological Statement of Retirement Points fails to reflect the
applicant’s Regular Army or Army National Guard service.

7.  In the processing of this case, an advisory opinion was obtained from
the Compensation and Entitlements Division, Office of the Deputy Chief of
Staff, G-1. That advisory opinion stated the applicant was misinformed
regarding his entitlement to sea pay.  The service member must be
permanently assigned or temporarily assigned to duty on a ship, ship-based
staff, or ship-based aviation unit with a primary mission that is performed
underway.  A Soldier who is not assigned to an Army seagoing vessel must be
on sea duty orders with a primary mission accomplished underway.  The
Soldier cannot be a passenger.  Supercargo Soldiers are passengers of
seagoing vessels with a primary duty of guarding the supercargo.  Their
primary duty is not associated with the operation of the vessel.  The
advisory opinion also stated that Soldiers assigned to a vessel are not
eligible for per diem or basic allowance for subsistence.  Any amount of
sea pay the applicant would receive would be far less than the per diem and
subsistence allowances he received.  The advisory opinion stated the
applicant did not meet the eligibility requirements for sea pay.

8.  A copy of the advisory opinion was provided to the applicant for
comment or rebuttal.  The applicant responded that he understands the
Army’s viewpoint on the cargo pay.  He does not agree with it but he will
accept it.  He now requests assistance on other matters as outlined in
APPLICANT’S REQUEST, STATEMENT, AND EVIDENCE, above.

9.  The Department of Defense Financial Management Regulation (DODFMR),
volume 7A, states a member who is entitled to basic pay is entitled to
career sea pay (CSP) while serving on sea duty under regulations prescribed
by the Secretary concerned and the provisions of chapter 18 of the DODFMR.
CSP is special pay for recognition of the greater-than-normal rigors of
assignment to sea duty.  For the purpose of entitlement to CSP, the term
“sea duty” means duty
performed by a member under orders meeting one of four conditions including
(2) while temporarily assigned for duty to a ship and serving in a ship
with a primary mission that is accomplished underway; and (3) while
temporarily assigned for duty to a ship and serving in a ship with a
primary mission that is accomplished in port, but only during that period
while the ship is away from its homeport.  The rate of pay for an Army E-5
with less than one cumulative year of sea duty is $65 per month.

10.  Army Regulation 600-88 (Sea Duty) sets forth policy, procedures, and
responsibilities for special pay and sea service credit for sea duty within
the Army.  It describes entitlements, restrictions, administration, and
maintenance of records for Army career sea pay (CSP) and career sea pay
premium (CSPP) for Soldiers.  Paragraph 2-2 provides Army guidance for the
use of DODFMR, volume 7A, chapter 18 concerning conditions for establishing
basic entitlements to Army CSP.  Individuals must, in pertinent part, be on
sea duty orders, if assigned to other than a U. S. Army vessel (USAV); be
enlisted; be assigned aboard qualifying vessels of other uniformed services
or other qualifying vessels (with a formally assigned primary mission that
is accomplished underway); or be temporarily assigned to a vessel.

11.  A U. S. Army Transportation School website defines “supercargoes” as
teams of Soldiers who accompany, supervise, guard, and maintain unit
equipment aboard a ship.

DISCUSSION AND CONCLUSIONS:

1.  As there is no evidence to show that the applicant was assigned or
attached to the U. S. Navy Ship Watkins, as opposed to being assigned to
the 1019th Combat Support Company while aboard the ship enroute to the
States and performing duties as supercargo, there is insufficient evidence
that would warrant granting the applicant sea pay.

2.  The applicant’s other concerns -- regarding his not being paid, one
unit contending he is AWOL, and his desire to be honorably discharged --
have been considered.  However, as they do not address any specific records
correction that should be made, the ABCMR cannot take any action on those
concerns at this time.  However, the U. S. Army Reserve Command was
notified of the applicant’s concerns.  Someone from that Command should be
in contact with the applicant shortly after the upcoming Labor Day holiday.
 If he does not hear from that Command within a reasonable period of time,
he should contact them directly for assistance.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__bpi___  __tmr___  __gjp___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                  __Bernard P. Ingold___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070000875                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070830                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |128.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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