IN THE CASE OF:
BOARD DATE: 19 May 2010
DOCKET NUMBER: AR20090018944
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 that item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) pertaining to stop loss be changed from 87 days to 333 days and, in effect, that he be paid retroactive stop-loss pay.
2. The applicant states he was retained on active duty for 333 days due to the implementation of the Stop Loss Program; however, his DD Form 214 credits him for only 87 days.
3. The applicant provides the following documents in support of his request:
* DD Form 214 effective 16 May 2007
* unit deployment Orders 027-710 (Afghanistan), dated 27 January 2006
* amendment Orders 031-704, dated 31 January 2006
* DD Form 4 (Enlistment/Reenlistment Document), dated 17 June 2003
* DA Form 3340-R (Request for Reenlistment or Extension in the Regular Army), dated16 June 2003
CONSIDERATION OF EVIDENCE:
1. The applicant' s record contains a DD Form 4 that shows after completing 5 years, 3 months, and 22 days of prior active duty service, the applicant reenlisted in the Regular Army for 3 years on 17 June 2003. This established his expiration of term of service (ETS) date as 16 June 2006.
2. The applicant's Enlisted Record Brief (ERB) contains entries confirming the applicant served in Iraq from 19 June 2004 through 19 June 2005 and in Afghanistan from 18 February 2006 through 1 February 2007 in the Overseas/Deployment Combat Duty block of section I (Assignment Information). The "Delay Separation Reason" block of section I contains the delayed reason code entry "S" (Stop Loss).
3. On 16 May 2007, the applicant was honorably discharged in the rank of specialist/E-4 after completing a total of 9 years, 2 months, and 22 days of active military service. The DD Form 214 he was issued contains an entry in item 18 indicating he was retained in service for 87 days for the convenience of the government under the provisions of Title 10, U.S. Code, section 12305, under stop loss as announced in Military Personnel (MILPER) Message
Number 06-232.
4. MILPER Message Number 06-232, subject: Active Army Stop Loss/Stop Movement Program for Units Scheduled to Deploy Outside the Continental United States in Support of Operation Iraqi Freedom and Operation Enduring Freedom, provides guidance on adjusting ETS and separation dates. It states the Human Resources Command Enlisted Personnel Management Directorate will adjust Soldiers' ETS dates to the unit's stop-loss/stop-movement end date if ETS is in the stop-loss window (D-90 to R+90) and post delay in separation reason code "S." These changes will be automatically posted to the Defense Joint Military Pay System, the Defense Enrollment Eligibility Reporting System, and the Electronic Military Personnel Office.
5. In October 2009, the All Army Activities Message Number 277/2009, subject: Retroactive Stop Loss Special Pay, announced the service's implementation plans to provide retroactive stop-loss special pay. Under the new stop-loss retroactive program, Active, Reserve, and former service members who had their enlistment extended or retirement suspended due to stop loss are eligible for this special pay if they served on active duty between 11 September 2001 and 30 September 2008.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to have his DD Form 214 corrected to show he was retained on active duty for 333 days beyond his ETS for the convenience of the government was carefully considered and found to have merit.
2. The record contains deployment orders, reenlistment documents, and an ERB which validate he was retained on active duty beyond his ETS date of 16 June 2006 due to the implementation of the Stop Loss Program. He was subsequently discharged on 16 May 2007, having been retained on active duty for 333 days for the convenience of the government. The applicant is entitled to have his record corrected accordingly.
3. In addition, the applicant's records should be reviewed by the Defense Finance and Accounting Service to determine if he is entitled to receive retroactive stop-loss special pay.
BOARD VOTE:
____x____ ____x____ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined 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 amending item 18 of his DD Form 214 by deleting the current stop-loss entry and replacing it with the entry "Retained in service 333 days for the convenience of the government per Title 10, U.S. Code, section 12305 (Stop Loss), per MILPER Message Number 06-232," and by providing him any additional stop-loss special pay due as a result.
____________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.
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