IN THE CASE OF:
BOARD DATE: 19 April 2011
DOCKET NUMBER: AR20100021623
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, payment of retroactive stop loss special pay (RSLSP) from 21 March through 4 October 2008.
2. The applicant states, in effect, his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not reflect he was affected by Stop Loss and he is unable to validate his claim for RSLSP because of the absence of such information.
3. The applicant provides no additional documents with his application.
CONSIDERATION OF EVIDENCE:
1. The applicants records, though somewhat incomplete, show that he enlisted in the Regular Army on 14 June 2001 for a period of 3 years, training as an infantryman, a $7,000 enlistment bonus and assignment to Europe.
2. He completed one-station unit training at Fort Benning, Georgia and was transferred to an armor battalion in Germany. He deployed to Iraq on 1 May 2003. On 22 March 2004, he reenlisted for a period of 4 years. He departed Iraq on 15 April 2004 and he was promoted to the pay grade of E-5 on 1 August 2004.
3. He completed airborne and ranger training at Fort Benning, Georgia and was transferred to an airborne battalion in Vicenza, Italy. He was deployed to Afghanistan from 23 February 2005 to 19 February 2006. On 9 May 2007, he was promoted to the pay grade of E-6. On 1 April 2007, he was again deployed to Afghanistan and served in Afghanistan until 12 July 2008 until he returned to his unit in Italy.
4. On 4 October 2008, he was honorably released from active duty (REFRAD) due to completion of required active service. He had served 7 years, 3 months, and 21 days of total active service.
5. The applicants separation orders reflect that his expiration term of service (ETS) date was 21 March 2008.
6. In the processing of this case a staff advisory opinion was obtained from the Office of the Deputy Chief of Staff G-1, Stop Loss Program Manager which opines that the applicant was originally denied RSLSP because of a lack of documents contained in his records to show his original ETS date. However, there is sufficient evidence to establish that he served beyond his service remaining requirements in an imminent danger area and should be paid RSLSP for the period of 1 March to 30 September 2008. The advisory opinion was provided to the applicant for comment and to date no response has been received.
7. All Army Activities Message 277/2009, dated 7 October 2009, announced Army policy and procedures for implementation of RSLSP. It states "RSLSP is a special pay for military members, to include members of the Reserve Component (RC), former and retired members under the jurisdiction of the Secretary who while serving on active duty at any time from 11 September 2001 to 30 September 2008, their enlistment or period of obligated service was involuntarily extended or whose established date of separation, release from active duty, or approved voluntary retirement was involuntarily suspended by authority of either section 123 or section 12305, Title 10, U.S. Code (commonly known as Stop Loss Authority). This special pay is specifically authorized to be claimed retroactively as provided in this message. Effective 21 October 2009, eligible service members, as provided in paragraph 2 above, will be paid $500.00 for each month or portion of a month retained on active duty past: (a) contractual ETS or, in the case of the RC, a contractual ETS in the Selected Reserve; (b) an approved separation date based on unqualified resignation or REFRAD or, in the
case of the RC, an approved request for transfer to the Individual Ready Reserve (IRR) (provided the service member completed the statutory or contractual ETS in the Selected Reserve); (c) approved retirement based on length of service; (d) approved memorandum of resignation for officers serving beyond their military service obligation and/or additional service obligation; and (e) in the case of the Ready Reserve, Individual Mobilization Augmentees, and other individually-managed service members), military service obligation or contractual term of service, whichever is later."
DISCUSSION AND CONCLUSIONS:
1. The RSLSP policy authorizes eligible service members a payment of $500.00 per month or a portion of the month of active duty past their contractual ETS date.
2. The applicants original ETS date was 21 March 2008 while the applicant was deployed to Afghanistan and he served until he was honorably REFRAD on 4 October 2008.
3. The purpose of the RSLSP is to compensate qualified Soldiers held beyond their contractual agreement. The period claimed must have a start date and end date based on the last contractual period. The applicant's contractual period ended on 21 March 2008. Therefore, he is entitled to RSLSP from 22 March through 4 October 2008.
4. Accordingly, he is entitled to RSLSP from March to October 2008.
BOARD VOTE:
____X___ ____X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 he was eligible for and paying him RSLSP for the period March to October 2008.
_______ _ _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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