BOARD DATE:	  1 March 2011

		DOCKET NUMBER:  AR20100016557 


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 payment for the following drills (hereafter referred to as Battle Assemblies or BA):

* 6, 8, and 10 October; 21, 23, and 26 November; 14, 18, 19, 21, 26, 28, and 31 December 2007
* 21, 23, 25, 28, and 30 January; 1, 5, and 7 February; and 2, 29, and 30 April 2008

2.  The applicant states he performed the required 48 BAs and the above additional BAs; however, he was not paid for the additional BAs. 

3.  The applicant provides various DA Forms 1380 (Record of Individual Performance of Reserve Duty Training) and a letter of denial from the Defense Finance and Accounting Service (DFAS).

CONSIDERATION OF EVIDENCE:

1.  Having had prior service, the applicant's records show he was appointed as a U.S. Army Reserve (USAR) Judge Advocate General's Corps commissioned officer and he executed an oath of office on 14 June 1983.  He served in staff and leadership positions in the USAR and on active duty and he attained the rank of colonel (COL) on 6 October 2004. 

2.  On 28 October 1999, the USAR Personnel Command, St. Louis, MO, issued the applicant a Notification of Eligibility for Retired Pay at Age 60 (20-year letter).

3.  On 6 March 2006, he was reassigned from his IMA (Individual Mobilization Augmentee) duties at the U.S. Army Legal Services Agency, Arlington, VA, to the USAR Control Group (Reinforcement or Individual Ready Reserve (IRR)).

4.  On 28 March 2006, he was reassigned from the USAR Control Group (IRR) to the U.S. Army Element (USAE), Defense Contract Management Agency (DCMA), Alexandria, VA.  His orders stated he was authorized for drilling in the IMA program up to 48 IDTs (inactive duty for training).  Additionally, drills performed without prior pay category A and/or pay category B authorization were for points only.

5.  On 30 April 2008, he was reassigned from the USAE, DCMA, to the Retired Reserve for having achieved maximum age.

6.  The applicant submitted several DA Forms 1380, dated as follows:

* 27 February 2007, shows he performed a BA on 27 February 2007
* 27 February 2007, shows he performed BAs on 25, 27, and 28 February 2007
* 27 February 2007, shows he performed a BA on 27 February 2007
* 2 March 2007, shows he performed a BA on 2 March 2007
* 9 June 2007, shows he performed BAs on 7, 8, and 9 June 2007
* Undated, shows he performed BAs on 2 and 4 October 2007
* 4 November 2007, shows he performed BAs on 29 and 31 October and on 2, 3, and 4 November 2007
* 1 December 2007, shows he performed BAs on 3 and 4 October 2006, 8, 22, and 30 November 2006, and 1 December 2006.
* 3 March 2008, shows he performed BAs as on 11, 13, 15, 18, 20, 22, 25, 27, and 29 February 2008, and 3 March 2008.
* 26 March 2008, shows he performed BAs on 5, 7, 10, 12, 14, 17, 19, 21, 24, and 26 March 2008.
* Undated, shows he performed a BA on 13 March 2008.

7.  His current Army Reserve Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirements Points) shows he was awarded 74, 150, and 88 IDT points during the periods 28 September 2005 through 27 September 2006, 28 September 2006 through 27 September 2007, and 28 September 2007 through 30 April 2008, respectively.

8.  On 12 May 2010, a DFAS official notified the applicant that a review of his records determined he was paid for 48 drills performed from 1 October 2007 through 30 September 2008, and a breakdown of such service.  

	a.  A Reserve Component (RC) Soldier may only perform 48 Unit Training Assemblies (UTAs) during a fiscal year (FY) (1 October through 30 September). The applicant's contested drills on 6, 8, and 10 October; 21, 23, and                  26 November; 14, 17, 19, 21, 26, 28, and 31 December 2007; 23, 25, 28, and   30 January; 1, 5, and 7 February; 3 March; 2, 29, and 30 April 2008, are not payable as 48 UTAs had already been paid.

	b.  The drills for 11, 13, 15, 18, 20, 22, 25, 27, 29 February; 3, 5, 7, 10, 12, 14, 17, 19, 21, 24, and 26 March; 23, 25, and 28 April 2008, are coded N1 on the DA Forms 1380 which are used for retirement points only.

9.  Army Regulation 140-145 (IMA Program) establishes policies and prescribes procedures for the employment, utilization, and management of the IMA program.  Paragraph 4-5 states Soldiers assigned to IMA positions, except for S3 and FEMA (Federal Emergency Management Agency) CPSD (Civil Preparedness Support Detachments) positions may perform up to 48 periods of IDT, for pay, each FY.  The maximum number of IDTs may be reduced based on current FY budget constraints.  The scheduling and performance of all authorized IDT periods is to be coordinated directly between the Soldier and their proponent agency.  IMA IDT schedules should appropriately consider the Soldier’s personal availability as well as the proponent agency’s overall mission requirements. Proponent agency heads are encouraged to schedule and distribute all authorized IDT periods throughout the FY in order to achieve desired training, continuity and proficiency goals for their assigned IMA Soldiers.  It states proponent agencies may assign additional projects to their Soldiers to complete, with their consent, for retirement point credit only. 

10.  Army Regulation 140-185 (Training and Retirement Points Credit and Unit Level Strength Accounting Records) prescribes the types of training and activities for which retirement points are authorized.  Paragraph 3-3 states the code "P" or "N" will be entered in item 10c before the retirement point credit.  The code "P" indicates the Soldier is entitled to inactive duty pay for the duties performed; the code "N" indicates the Soldier is entitled to retirement point credit only.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was issued reassignment orders from the USAR Control Group (Reinforcement) to the USAE, DCMA.  His orders stated he was authorized for drilling in the IMA program up to 48 IDTs and that drills performed without prior authorization were for points only.

2.  By regulation an RC Soldier may only perform 48 paid UTAs during a FY.  The applicant in this case performed in excess of the authorized paid UTAs.  Some UTAs were clearly coded N (for retirement points only) while others were coded P (entitled to inactive duty pay).  However, since he had performed and received pay for the 48 authorized UTAs, he is not entitled to additional pay for the contested periods. 

3.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x___  __x______  ___x____  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.



      __________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)                                         AR20100016557



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ABCMR Record of Proceedings (cont)                                         AR20100016557



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