IN THE CASE OF:	  

		BOARD DATE:  11 February 2014

		DOCKET NUMBER:  AR20130011111 


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 Retroactive Stop Loss Pay (RSLP).

2.  The applicant states, in effect, that he deployed with the Army National Guard (ARNG) during:

* Noble Eagle II and III from 2002 – 2004
* Federal Emergency Management Agency from October 2004 – February 2005
* Enduring Freedom from 2005-2006 
* Afghanistan from 2008 – 2009

3.  He also states that he applied for RSLP and his claims were denied. 

4.  The applicant provides a one-page letter explaining his application, three
DD Forms 214 (Certificate of Release or Discharge from Active Duty), orders to active duty, claims for RSLP, a discharge from the Alabama ARNG (ALARNG), and his Contingency Operation Temporary Tour of Active Duty waiver.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the ALARNG on 5 October 1989.  He completed his training and continued to serve through a series of continuous reenlistments and was promoted to the pay grade of E-5 on 16 June 2001.

3.  The applicant’s records show that he extended his enlistment on 
10 September 2000 for a period of 3 years, on 19 September 2004 for a period of 1 year, and on 15 August 2005 for a period of 6 years.

4.  On 15 February 2007, he enlisted in the Regular Army in the pay grade of E-5 for a period of 3 years and 2 months.

5.  On 29 March 2012, he was honorably discharged in the pay grade of E-5 under the provisions of Army Regulation 635-40, chapter 4, due to disability with severance pay (non-combat) enhanced.  

6.  The available evidence shows that he filed RSLP claims for the periods 20020108 – 20040630, 20040210 – 20050105, 20050102 – 20060331, and 20080512 - 20080930 and all claims were denied due to the lack of evidence showing the applicant was involuntarily retained on active duty beyond a contractual obligation.

7.  All Army Activities (ALARACT) message 277/2009, dated 7 October 2009, announced Army policy and procedures for implementing the RSLP.  It states "RSLP 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 Title 10, U.S. Code, section 123 or section 12305, (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 will be paid $500.00 for each month or portion of a month retained on active duty past:

	a.  the contractual expiration term of service (ETS) date or, in the case of the RC, a contractual ETS in the Selected Reserve;

	b.  an approved separation date based on unqualified resignation or released from active duty 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 applicant’s contentions and supporting documents have been noted and it appears that his request to be paid RSLP is without merit. 

2.  The applicant has failed to show through sufficient evidence submitted with his application and the evidence of record that his enlistment was involuntarily extended during any of his four deployments.

3.  His official records show that he voluntarily extended his enlistment during the periods in question which made him ineligible for RSLP.  It should also be noted that being deployed or mobilized in itself does not qualify an individual for RSLP and only when an individual is held past the contracted service date does RSLP apply. 

4.  Therefore, in the absence of evidence to the contrary, there appears to be no basis to grant the applicant’s request for RSLP.









BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ___X__ _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _  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)                                         AR20130011111



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ABCMR Record of Proceedings (cont)                                         AR20130011111



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