IN THE CASE OF:	  

		BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100019657 


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, in effect, retroactive stop loss special pay.
   
2.  The applicant states he is eligible to receive 10 months of stop loss special pay.

   a.  He states he applied to the Stop Loss Pay office and his request was denied without citing any regulation or ALARACT (All Army Activities) message. He disagreed with the decision, resubmitted his request, it was approved for reconsideration, and sent to the Defense Finance Accounting Service (DFAS).  However, his claim was denied based on the fact that he had received a bonus during the period of time he was in a "stop loss" status.

   b.  He states he was in a "stop loss" status from 27 June 2007 through
10 March 2008, which ended when he extended his enlistment on 11 March 2008.  He reenlisted on 13 August 2008 and received a $14,500 reenlistment bonus.  He does not agree that his receipt of a reenlistment bonus five months after his "stop loss" status terminated disqualifies him from receiving retroactive stop loss special pay.

   c.  He states that, if he had separated from active duty he would have received the pay; however, he is being punished because he reenlisted.

3.  The applicant provides copies of four email messages, two DD Forms 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), and his DA Form 1695 (Oath of Extension of Enlistment).
CONSIDERATION OF EVIDENCE:

1.  A DD Form 4 shows the applicant enlisted and entered active duty in the Regular Army (RA) for a period of 5 years on 27 June 2002.

2.  A DA Form 1695, dated 11 March 2008, shows the applicant extended his
5-year enlistment of 27 June 2002 as a Soldier in the RA to a period of 5 years and 3 months based on contingency deployment conditions.  The Remarks section of the form shows, "Soldier retained on active duty from 20070627 to 20080617 for the convenience of the Government, under the provisions of Title 10, U.S. Code 12305."

3.  A DD Form 4 shows the applicant reenlisted in the RA for a period of 5 years on 13 August 2008.  The applicant received a Selective Reenlistment Bonus (SRB) in return for his reenlistment in military occupational specialty 11B (Light Weapons Infantryman).

4.  In support of his application, the applicant provides the following documents:

   a.  Two email messages, dated 3 March 2010, from the applicant to Major Roy J. W, Office of the Deputy Chief of Staff, G-1, requesting assistance with his request for retroactive stop loss special pay.

   b.  An email message, dated 28 April 2010, from the Stop Loss Pay office to the applicant informing him that his request had been reviewed, approved for reconsideration for 10 months of stop loss special pay, and forwarded to DFAS.

   c.  An email message, dated 21 May 2010, from the Stop Loss Pay office to the applicant informing him that, after being sent to DFAS, the applicant's claim was identified as bonus ineligible.  It was reviewed once again and determined that the applicant was ineligible due to a reenlistment bonus he received after his stop loss period.

5.  ALARACT message 277/2009, dated 7 October 2009, Subject:  Retroactive Stop Loss Special Pay, announced Army policy and procedures for implementation of retroactive stop loss special pay.  It shows that stop loss special pay is for military members under the jurisdiction of the Secretary of the Army while serving on active duty anytime from 11 September 2001 to
30 September 2008 [sic].  Effective 21 October 2009, eligible service members will be paid $500 for each month or portion of a month retained on active duty past their contractual expiration of term of service (ETS).  The message also provided instruction on the process and documentation to support a claim.

6.  U.S. Department of Defense, Office of the Assistance Secretary of Defense (Public Affairs), News Release Number 820-09, dated 21 October 2009, announced the Services' implementation plans to provide retroactive stop loss special pay.  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 2009.  It also shows that Section 8108 of the 2010 Defense Department Appropriations Act, effective 19 December 2009, contained provisions that modified eligibility for retroactive stop loss special pay.  It shows that stop-lossed service members who voluntarily reenlisted or extended their service, and received a bonus for such reenlistment or extension of service, are no longer eligible to receive retroactive stop loss special pay.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should receive 10 months of retroactive stop loss special pay for the period 27 June 2007 through 10 March 2008 because he was in a "stop loss" status during that period before he voluntarily extended the period of his initial enlistment and subsequently reenlisted.

2.  Records show the applicant enlisted in the RA for a period of 5 years on
27 June 2002, and that he was in a "stop loss" status from 27 June 2007 through 17 June 2008 [emphasis added] when he voluntarily extended the period of his initial enlistment on 11 March 2008.  Records also show the applicant then reenlisted in the RA for a period of 5 years on 13 August 2008 and he received an SRB for his reenlistment in MOS 11B.

3.  The initial implementing guidance for retroactive stop loss special pay issued by the Department of the Army on 7 October 2009 indicated the applicant was eligible for this special pay.  However, clarifying guidance by the Department of Defense on 21 October 2009 shows that the 2010 Defense Department Appropriations Act contained provisions that modified eligibility for retroactive stop loss special pay.  Specifically, that "stop-lossed" service members who voluntarily extended their service or reenlisted and received a bonus, were no longer eligible to receive retroactive stop loss special pay.

4.  Therefore, based on the available evidence, there is no basis for granting the 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)                                         AR20100019657



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ABCMR Record of Proceedings (cont)                                         AR20100019657



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