BOARD DATE:	  24 November 2009

		DOCKET NUMBER:  AR20090010793 


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 cancellation of her debt and payment for completing Inactive Duty Training (IDT).

2.  The applicant states, in effect, the unit's S-1/Adjutant ordered her to attend IDT on 10 January 2009 with the 306th Psychological Operations Company (Strategic Dissemination), Los Alamitos, CA.  She adds the problem is that, at the time, she had already been honorably discharged from the U.S. Army Reserve (USAR) and she had enlisted in the U.S. Air Force Reserve (USAFR).

	a.  She states she was paid $123.98 for the IDT on 21 January 2009.  However, on 23 January 2009, the Defense Finance and Accounting Service (DFAS) initiated action to collect the payment based on the fact that she had been discharged from the USAR and was not in an authorized pay status.

	b.  She states she was only following the orders given her by a higher ranking officer of the unit after he advised her that she was still assigned to the unit.

3.  The applicant provides, in support of her application, copies of her discharge order, enlistment contract, two DA Forms 702 (Leave and Earnings Statement) (LES), a record of training, and four email message strings.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the USAR on 2 November 2005 for a period of
8 years.
2.  Headquarters, U.S. Army, Civil Affairs and Psychological Operations Command (Army), Fort Bragg, NC, Orders 06-163-00029, dated 12 June 2006, show the applicant was reassigned to the 306th Psychological Operations Company (Strategic Dissemination), Los Alamitos, CA, effective 12 June 2006.  The additional instructions state, "[t]his is an involuntary reassignment for the convenience of the government."

3.  In support of her application, the applicant provides the following documents.

   a.  Headquarters, Civil Affairs and Psychological Operations Command, Fort Bragg, Orders 09-027-00056, dated 27 January 2009, that show the applicant was honorably discharged from the USAR, effective 7 January 2009.  The additional instructions state, "[y]our enlistment in, or assignment to, the United States Army Reserve was terminated on the effective date of this order as a result of your immediate reenlistment in the United Sates Air Force Reserve on
8 January 2009.  No formal discharge certificate will be issued."

   b.  A DD Form 4-Series (Enlistment/Reenlistment Document - Armed Forces of the United States) that shows the applicant enlisted in the USAFR on
8 January 2009 for a period of 6 years.
   
   c.  Two DFAS Forms 702.

       (1)  The LES, dated 21 January 2009, shows the applicant was entitled to $123.98 in basic pay; had a TSP [Thrift Savings Plan] Contribution of $6.20 with deductions totaling $56.52; and a net amount of $67.46.  The Remarks section shows, in pertinent part, "INACTIVE DUTY TRAINING 10 JAN 09-10 JAN 09  2."
   
       (2)  The LES, dated 23 January 2009, shows the applicant was entitled to $6.20 in other credits; with deductions totaling $4.13 for a debt payment; and a net amount of $2.07.  The Remarks section shows, in pertinent part, "BASIC PAY DEBT BALANCE $119.85; ORIGINAL DEBT $123.98 10 JAN 09-10 JAN 09; UNPAID DEBT BALANCE *TOTAL*:  $119.85" and "ADJUSTMENT PAY:  REF TAX DEF $6.20 090121-090121."
   
   d.  A DA Form 1380 (Record of Individual Performance of Reserve Duty Training), dated 2 June 2009, that shows the applicant performed 8 hours of duty and she was credited with 2 retirement points for providing Supply Section Support, Battle Assembly Functions, at the 306th Psychological Operations Company (Strategic Dissemination), Los Alamitos, CA, on 10 January 2009.  This document also shows it was authenticated with the electronic signature of the company commander.

e.  Four email message strings that show:

       (1)  the applicant informed the unit's S-1/Adjutant that she had enlisted in the USAFR;  (The S-1/Adjutant instructed the applicant to attend IDT with her unit (on 10 January 2009) in order to turn in her military equipment, that she was still assigned to the unit, and she would be paid.)

       (2)  the applicant informed the unit's S-1/Adjutant that her LES indicated that DFAS was collecting the amount she was paid for attending the unit's IDT on 10 January 2009 (the applicant was provided a signed DA Form 1380); and

       (3)  the applicant was advised to apply to the Army Board for Correction of Military Records (ABCMR) to seek relief from the debt.
   
4.  Department of Defense (DoD) Financial Management Regulation (FMR), Volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay), Chapter 1 (Basic Pay), paragraph 0101 (Creditable Service), provides that creditable service periods include, in pertinent part, active or inactive service in the Army, Naval, Marine Corps, Air Force, and Coast Guard Reserve.
   
   a.  Chapter 58 (Pay and Allowances for Inactive Duty Training), paragraph 5801 (General provisions), subparagraph 580101 (Entitlement and computation of inactive duty training pay and special pay), section A (Inactive Duty Training with Pay), provides that a member of the National Guard or Reserve Component is entitled to compensation at the rate of one-thirtieth of the basic pay prescribed for grade and years of service for the performance of each authorized period of regular inactive duty training (drill or unit training assembly).

   b.  A footnote to this section provides that to qualify for pay for a period of inactive duty training, each member shall engage in such duty or training for the period (not less than 2 hours) as prescribed by the Secretary of the Military Department concerned (or designee).  It also provides that a member cannot qualify for pay for more than two periods of inactive duty training during a single calendar day.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her debt to the U.S. Army should be cancelled, that she should be credited for completing an IDT, and that she should be paid basic pay for the IDT period.

2.  Records show the applicant was honorably discharged from the USAR effective 7 January 2009 for the purpose of her immediate enlistment in the USAFR and that she enlisted in the USAFR on 8 January 2009.

3.  The evidence of record shows that the S-1/Adjutant of the applicant's former Army unit instructed her to attend an IDT on 10 January 2009 in order to complete necessary out-processing and other tasks/functions.  Records show the unit commander certified that the applicant attended IDT on 10 January 2009 for a period of 8 hours and that she was credited with 2 retirement points.  Records also show the applicant was initially authorized $123.98 for this IDT period; however, due to the fact that she was discharged from the USAR on 7 January 2009, DFAS initiated action to collect the payment from the applicant.

4.  The applicant's status was that of a junior enlisted Soldier at the time she inquired into the requirement for her to attend the unit’s IDT on 10 January 2009.  The evidence of record shows that the unit's S-1/Adjutant instructed her to attend the IDT in order to out-process, and he informed her she would be paid as she was still assigned to the unit.  Records show the applicant was a member of the USAFR at the time.  Thus, it is reasonable to conclude that she felt compelled to comply with the instructions issued by a commissioned officer of the U.S. Army, notwithstanding the fact that she was no longer a member of the USAR.

5.  As a matter of justice, it would be appropriate to cancel the entire debt owed by the applicant that was imposed against her for attending the unit’s IDT after she was discharged from the USAR.  It is noted that the applicant was a member of the USAFR on said date.  Therefore, it would be appropriate to correct the applicant's records to show she completed an 8-hour period of IDT on 7 January 2009 [vice 10 January 2009], that she was credited with 2 retirement points for this IDT period, and that she was authorized payment of basic pay in the amount of $123.98 for this IDT period.

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 she completed an 8-hour period of IDT on 7 January 2009 [vice           10 January 2009], that she was credited with 2 retirement points for this IDT period, and that she was authorized payment of basic pay in the amount of $123.98 for this IDT period.

2.  As a result of the above correction, the Defense Finance and Accounting Service shall be notified of the Board's determination, cancel the debt owed, and remit payment of all pay (less any withholdings and/or deductions) that may be due as a result of this correction.



      __________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.

ABCMR Record of Proceedings (cont)                                         AR20090010793



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ABCMR Record of Proceedings (cont)                                         AR20090010793



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