IN THE CASE OF:	  

		BOARD DATE:	  6 August 2015

		DOCKET NUMBER:  AR20140021000 


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, correction of his military service records to show he is authorized pay and allowances for 21 days of active duty for training (ADT) beginning 14 February 2014.

2.  The applicant states he was not paid for the period of ADT due to a contract error.

3.  The applicant provides copies of his ADT orders, email messages, and Defense Finance and Accounting Service (DFAS) Military Leave and Earnings Statements (LESs).

CONSIDERATION OF EVIDENCE:

1.  On 25 April 2006, the applicant enlisted in the Army National Guard (ARNG) of the United States (ARNGUS) for a period of 8 years and in the Massachusetts ARNG (MAARNG) for a period of 6 years.  Upon completion of ADT, he was awarded military occupational specialty (MOS) 11B (Infantryman).

2.  He was honorably released from the MAARNG on 24 April 2012 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation (with an expiration term of service (ETS) of
24 April 2014).

3.  Headquarters, U.S. Army Human Resources Command, Fort Knox, KY, Orders C-05-208121, dated 31 May 2012, released the applicant from the USAR (Annual Training ) and assigned him to the 325th Transportation Company (Petroleum, Oils, and Lubricants (POL)), Brockton, MA, effective 24 May 2012.  The orders show his ETS as 24 April 2014.

4.  A DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the applicant enlisted in the MAARNG on 21 January 2014 for a period of 1 year.

5.  He was honorably discharged from the MAARNG effective 20 January 2015 based on his expiration of term of service.

6.  In support of his application the applicant provides the following documents.

	a.  Two copies of 377th Theater Sustainment Command, Joint Reserve Base Belle Chasse, LA, Order Number 017931, dated 31 January 2014, that ordered the applicant to ADT, in the rank of specialist (SPC)/pay grade E-4, for a period of 21 duty days at Fort Dix, NJ, effective 14 February 2014.  One of the copies of the orders shows in the section "Completion of Certification Below is Required on All Tours of Duty to Receive/Maintain Payment:"

* "Inclusive Dates of Duty Performed are _____ to _____" is blank (no entries)
* the applicant placed his signature on the order on 14 February 2014
* Sergeant First Class (SFC) H___ A. C____ placed his signature on the order; he did not enter a date

   b.  Email messages spanning the period 13 February 2014 to 2 April 2014 between the applicant and members of his chain of command that show on –

* 13 February 2014, he was notified of orders to report for duty on 
14 February 2014
* 12 March 2014, the applicant indicated he –

* was ordered to ADT for 21 days (through 6 March 2014)
* was not paid for the ADT and had a debt payment of $519.52 
* was asked if he understood the conflict with the ARNG
* believed it had something to do with the enlistment contract
* acknowledged the USAR Command (USARC) ordered him to "stand down"

* 13 March 2014, a USARC official informed him-
* records show he was separated from the USAR, effective 
21 January 2014
* the USAR was unable to pay him after that date unless the orders assigning him to the ARNG were amended to a date subsequent to 6 March 2014

   c.  Fourteen LESs spanning the period from 13 November 2013 to 30 May 2014 that show, in pertinent part, on –

* 13 November 2013 –
* total entitlement:  $320.44
* net amount:  $206.84
* original debt:  $27.00, 23 October 2013
* unpaid debt balance total:  $0.00
* inactive duty training (IDT) – 2 & 3 November 2013

* 22 January 2014 –
* total entitlement:  $485.46
* net amount:  $337.20
* original debt:  $27.00, 18 December 2013
* unpaid debt balance total:  $0.00
* IDT – 10, 11, & 12 January 2014

* 12 February 2014 –
* total entitlement:  $323.64
* net amount:  $233.81
* IDT – 1 & 2 February 2014

* 21 February 2014 –
* total entitlement:  $323.64
* net amount:  $260.80
* IDT – 8 & 9 February 2014

* 26 February 2014 –
* total entitlement:  $0.00
* net amount:  $0.00

* 28 February 2014 –
* total entitlement:  $0.00
* net amount:  $0.00
* Standard Rate Basic Allowance for Subsistence (BAS) – enlisted debt balance:  $197.93
* original debt:  $197.93, 14 February 2014
* unpaid debt balance total:  $197.93
* 5 March 2014 –
* total entitlement:  $3.24
* net amount:  $1.02
* basic pay debt balance:  $321.59
* original debt:  $323.64, 1 & 2 February 2014
* Standard Rate BAS – enlisted debt balance:  $197.93
* original debt:  $197.93, 14 February 2014
* unpaid debt balance total:  $519.52

* 7 March 2014 –
* total entitlement:  $0.16
* net amount:  $0.16

* 1 May 2014 –
* total entitlement:  $0.00
* net amount:  $0.00
* basic pay debt balance:  $321.59
* original debt:  $323.64, 1 & 2 February 2014
* Standard Rate BAS – enlisted debt balance:  $197.93
* original debt:  $197.93, 14 February 2014
* unpaid debt balance total:  $519.52

* 7 May 2014 –
* total entitlement:  $485.46
* net amount:  $122.76
* original debt:  $54.00, 23 April 2014
* basic pay debt balance:  $130.02
* original debt:  $323.64, 1 & 2 February 2014
* Standard Rate BAS – enlisted debt balance:  $197.93
* original debt:  $197.93, 14 February 2014
* unpaid debt balance total:  $327.95
* IDT – 25, 26, & 27 April 2014

* 9 May 2014 –
* total entitlement:  $14.66
* net amount:  $14.66

* 20 May 2014 –
* total entitlement:  $3.36
* net amount:  $3.36

* 28 May 2014 –
* total entitlement:  $323.64
* net amount:  $87.84
* original debt:  $54.00, 23 April 2014
* basic pay debt balance:  $0.00
* original debt:  $323.01, 1 & 2 February 2014
* Standard Rate BAS – enlisted debt balance:  $108.31
* original debt:  $197.93, 14 February 2014
* unpaid debt balance total:  $108.31
* IDT – 17 & 18 May 2014

* 30 May 2014 –
* total entitlement:  $6.59
* net amount:  $6.59

7.  In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Management Division, USARC, Fort Bragg, NC.

   a.  The USARC advisory official recommends the applicant be granted administrative relief with payment of active duty pay and allowances for duty performed from 14 February 2014 through 6 March 2014.

   b.  The advisory official's review revealed that the applicant enlisted in the ARNG on 21 January 2014.  However, at the time, his discharge from the USAR was not completed appropriately and he remained on the USAR personnel and finance systems.

    	(1)  On 31 January 2014, orders were published by his former USAR unit for the applicant to perform 21 days ADT with a report date of 14 February 2014.

    	(2)  The advisory official noted, "[h]e completed this duty in a satisfactory manner."

    	(3)  The applicant's USAR pay account was closed on 18 February 2014 with an effective date of 21 January 2014 (the date of his enlistment in the ARNG).

    	(4)  On 12 March 2014, the applicant was notified that the USAR would not process his pay.


   c.  The advisory official states, as a matter of policy, the ADT orders should have been revoked and he should not have performed the ADT.  However, there is no evidence of a loss transaction or that he received discharge orders from the USAR.

8.  The applicant was provided a copy of the USARC advisory opinion in order to have the opportunity to respond.  On 2 April 2015, he acknowledged receipt, indicated he understood the USARC letter, and offered no further comments.

9.  DoD Financial Management Regulation 7000.14-R, volume 7A (Military Pay Policy and Procedures – Active Duty and Reserve Pay), chapter 2 (Repayment of Unpaid Portion of Bonuses and Other Benefits), paragraph 020204 (Conditions under review by the Secretary of the Military Department), provides that under circumstances not specifically mentioned in this chapter, the Secretary of the Military Department concerned has the discretion to, at some point in the process, render a case-by-case determination that the member's repayment of, or the Military Department's full payment of an unpaid portion of, a pay or benefit is appropriate based on the following:

   a.  contrary to a personnel policy or management objective;

   b.  against equity and good conscience; or 

   c.  contrary to the best interest of the United States.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military service records should be corrected to show he is authorized pay and allowances for 21 days of ADT for the period from 14 February 2014 through 6 March 2014 because he was not paid due to a contractual error.

2.  Records show the applicant was assigned to the 325th Transportation Company (POL), USAR, on 24 May 2012, and he had an ETS of 24 April 2014.

3.  He enlisted in the MAARNG on 21 January 2014 for a period of 1 year. However, the evidence of record shows that he was not timely discharged from the USAR on 20 January 2014.

4.  On 31 January 2014, the applicant's USAR unit issued orders for him to perform 21 days of ADT from 14 February 2014 through 6 March 2014.  The evidence of record shows the applicant satisfactorily performed the ADT.  However, the applicant's USAR pay account was retroactively closed effective
21 January 2014; the date of his enlistment in the ARNG.  Thus, the applicant was notified that the USAR would not process his pay and he contends that he was not paid for the ADT.

5.  A review of the evidence of record, including the 14 LESs the applicant provides, indicates that he was not paid for the 21-day ADT and that he has incurred a debt.  However, from the available evidence, the reason(s) for the applicant's debt cannot be definitively determined.

6.  In view of the foregoing, the applicant's military service records should be corrected to show he is authorized pay and allowances for 21 days of ADT for the period from 14 February 2014 through 6 March 2014.  As a result, it would be appropriate for DFAS to conduct a review of the applicant's USAR pay account to determine his entitlement to pay and allowances for the period of service under review.

7.  Therefore, the applicant's records should be corrected, as recommended below.

BOARD VOTE:

____X____  ___X____  __X______  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 is authorized pay and allowances as a member of the U.S. Army Reserve for the period of active duty for training from 14 February 2014 through 6 March 2014.


2.  As a result of this correction, the Defense Finance and Accounting Service shall be notified of the Board's determination and conduct a review of the individual's U.S. Army Reserve pay account to determine his entitlement to pay and allowances for the period of service under review, notify him of the results of the review, and (if applicable) pay him all back pay (i.e., pay and allowances, less any withholdings and/or deductions) due as a result of this correction.



      ___________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)                                         AR20140021000



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ABCMR Record of Proceedings (cont)                                         AR20140021000



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