IN THE CASE OF:
BOARD DATE: 19 July 2012
DOCKET NUMBER: AR20110020000
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 he be paid 8 months of Retroactive Stop Loss Special Pay (RSLSP) for the period of 24 October 2007 to 12 May 2008.
2. The applicant states, in effect, that he served during a qualifying period for RSLSP and desires monetary compensation for the period of service between
24 October 2007 and 12 May 2008.
3. The applicant provides copies of his original request for RSLSP with supporting documents, separation orders, a letter notifying him that he qualified for RSLSP, and an All Army Activities message announcing RSLSP.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 24 October 1947. He was serving in a U.S. Army Reserve (USAR) Troop Program Unit in North Carolina when he was promoted to the pay grade of E-7 on 1 March 2001. On 13 February 2005, he reenlisted for an indefinite period.
2. On 13 September 2006, he was ordered to active duty in support of Operation Iraqi Freedom.
3. On 19 November 2007, he entered medical hold status and remained in medical hold until he was honorably released from active duty (REFRAD) on 4 January 2008 due to completion of required service. He was placed on the Retired List on 5 January 2008.
4. On 18 August 2010, he applied for RSLSP and his request was denied in September 2010.
5. 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 denied RSLSP because RSLSP is provided for Soldiers who are involuntarily retained on active duty beyond a contractual obligation. The applicant was not involuntarily retained on active duty beyond a contractual obligation. He was serving in an indefinite status due to being in a medical hold status, which does not qualify for RSLSP. Therefore, in the absence of evidence to show that he requested transfer or separation and was denied because of mobilization there is no basis to grant him RSLSP.
6. The applicant was contacted by a staff member of the Board regarding the advisory opinion and the applicant responded to the effect that it did not need to be forwarded to him. He had no response to the opinion.
7. All Army Activities Message 277/2009, dated 7 October 2009, announced Army policy and procedures for implementation of RSLSP. It states "RSLSP is 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 expiration term of service (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 (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 for a portion of the month of active service past their contractual ETS date.
2. The applicant was serving on an indefinite enlistment and therefore did not have a contractual expiration date. Accordingly, he did not serve past his contract date and is not eligible for RSLSP. Additionally, time spent in medical hold does not qualify for RSLSP.
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 was indefinite and therefore he is not entitled to RSLSP from 24 October 2007 to
12 May 2008.
4. Accordingly, there is no basis to grant the applicants request for RSLSP.
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) AR20110020000
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ABCMR Record of Proceedings (cont) AR20110020000
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