BOARD DATE: 9 July 2013
DOCKET NUMBER: AR20130003557
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 of deployment extension stabilization pay (DESP).
2. The applicant states he extended his enlistment in the Puerto Rico Army National Guard (PRARNG) on 19 May 2011 for DESP under National Guard Bureau (NGB) Policy Memorandum Number 10-052. Due to an administrative error, his extension was submitted as a regular extension and not in accordance with DESP policy.
3. The applicant provides a DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), three memoranda, two orders, and three pages of email.
CONSIDERATION OF EVIDENCE:
1. The applicant was a sergeant (SGT) in the PRARNG and he had an expiration term of service (ETS) date of 3 November 2011. He was assigned to the 544th Military Police (MP) Company, Ponce, PR. On an unknown date in 2011, he was notified he was going to be mobilized on or about 23 April 2012 as a member of the ARNG for up to 1 year in support of Operation Enduring Freedom (OEF).
2. On 19 May 2011, he executed an extension in the PRARNG for a period of 1 year and 9 months. His new ETS date was 3 August 2013. His original ETS date was 172 days prior to the mobilization date of 23 April 2012.
3. Orders 012-570, dated 12 January 2012, issued by Joint Force Headquarters, PRARNG, San Juan, PR, transferred him to the 755th MP Company effective 12 January 2012. These orders stated "Soldier mobilized as a cross-level fill."
4. The applicant entered active duty on 23 April 2012 as a member of the 755th MP Company, PRARNG. He served in the imminent danger pay area of Guantanamo Bay, Cuba, from 28 May 2012 to 3 March 2013.
5. In November 2012, his unit submitted a request to the PRARNG requesting the applicant be paid DESP based on his extension of 19 May 2011. The request was denied based on the fact that the unit did not place an entry on the applicant's extension to show he was extending under NGB Policy Number 10-052. The NGB subsequently agreed with the denial of DESP for the applicant.
6. On 6 May 2013, he was honorably released from active duty to the control of the PRARNG. He completed 1 year and 14 days of creditable active service during this period of service.
7. On 10 June 2013, in the processing of this case, an advisory opinion was received from the Chief, Personnel Policy Division, NGB. The advisory official recommended approval of the applicant's request for DESP and stated:
a. The applicant executed an extension contract for the purpose of mobilization effective 19 May 2011. NGB Policy Memorandum Number 10-052, paragraph 5a, stated Soldiers and officers whose service obligation expired within the period beginning 180 days prior through M+365 were eligible for DESP.
b. The applicant produced a DD Form 214 (Certificate of Release or Discharge from Active Duty) that identified the day he entered active duty as 23 April 2012. Using this date as a mobilization date and applying the current ARNG DESP policy, the applicant did in fact have an original ETS within 180 days of his mobilization date and should have been eligible to receive the maximum amount of DESP of $500 per month for the duration of his deployment (i.e., mobilization) of 1 year for a total of $6,000. In light of this newly-found information, consideration should be given to making administrative corrections that support payment of DESP.
8. On 19 June 2013, the applicant concurred with the advisory opinion.
9. Revised NGB Policy Memorandum Number 10-052, dated 28 September 2010, states, in part, eligible Soldiers (as defined in paragraph 7a above) assigned to a mobilizing unit who contract for DESP from M-545 to M-270 will be paid $500 per month during the mobilization period.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant executed an Oath of Extension 340 days prior to his mobilization date of 23 April 2012 and he was mobilized for a period of 12 months in support of OEF. It appears that due to an administrative error on the part of his unit during the preparation of his DA Form 4836, his initial request for DESP was denied. However, the NGB confirmed that on 19 May 2011 the applicant did contract for, and was authorized, DESP in the amount of $500 per month for a total of $6,000. Therefore, his DA Form 4836 should be corrected accordingly and he should be paid DESP of $6,000.
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 is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army and State ARNG records of the individual concerned be corrected by showing his DA Form 4836 was properly prepared and signed on 19 May 2011 to make him eligible for DESP in the amount of $500 per month during the period of his 12-month mobilization and paying him the $6,000 due as a result of this correction out of ARNG funds.
_______ _ 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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