Free Reply to Response to Motion - District Court of Federal Claims - federal

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No. 00-644C (Chief Judge Damich)

IN THE UNITED STATES COURTOF FEDERALCLAIMS

WILLIAM CLARK, al., A. et. Plaintiffs,
V.

THE UNITED STATES, Defendant.

DEFENDANT'S SUPPLEMENTAL APPENDIX AND REGULATORY EXTRACT

PETER D. KEISLER Assistant Attorney General OF COUNSEL: LT. COL. JOSEPH FETTERMAN MAJOR CHRIS SOUCIE MAJOR GARY CORN United States Army Litigation Division Arlington, VA22203-1837 LT. COL. JOSEPH WENDLBERGER United States Air Force General Litigation Division CAPTAIN CHRIS BROWN National Guard Bureau Office of Chief Counsel DAVID M. COHEN Director JAMES M. KI-NSELLA Deputy Director DOUGLAS MICKI.,E K. Trial Attorney CommercialLitigation Branch Civil Division Departmentof Justice Attn: Classification Unit 8th Floor, 1100L Street, N.W. Washington, D.C. 20530 Tele: (202) 353-7961 Fax: (202) 353-7988 Attorneys For Defendant

July 18, 2005

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INDEX TO APPENDIX Document Declaration Declaration Command Sergeant Major (Retired) McNamara............. ~ 415-436 437-442

of Howard Manwiller ..................................

Attachment 2 to Manwiller Declaration (Administrative Instructions for IDT) .......................... Declaration of Daniel J. Kohner .................................... Declaration of Colonel E~alest C. Audino ............................

548-560 633-642 643-647

Department of Defense Directive 1035.1, TeleworkPolicy for the Department of Defens~e, (Sep. 2002) ........................................... Dep't of Defense Directive 1215.6, UniformReserve. Training. and Retirement Categories, (Mar. 14, 1997) ...................................... Dep't of Defense Directive 1215.13, Reserve ComponentMember Participation Policy, (Dec. 14, 1995) ............................. Dep't of Defense Instruction 1215.19, Unifonaa Reserve. Training and Retirement Category Administration, (Dec. 12, 2000) .............. Dep't of Defense 7000.14-R, DoDFinancial Management Regulation, Vol 7A, Paragaaph 5801 ........................................ National Guard Regulation 37-104-3, Financial Administration: Mititarv Pay and Allowances Policy and Procedures-Army National Guard, 24 Oct. 2003 .................................... National Guard Regulation (AR) 350-1, Training: AnaayNational Guard Training, (Jun. 3, 1991) ................................... National Guard Regulation 635-102, Officer and Warrant Officers Selective Retention, July 1, 1988 .................................

651

655

6631

668

709

716

733

752

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National GuardRegulation 680-2, Automated Retirement Points Accounting System, Mar 1, 1989 ................................. National Guard Regulation 351-1, Individual Military_ Education and Training, Jun 1, 1987 ....................................... National GuardRegulation 635-100, Termination Of Appointment And Withdrawal Of Federal Recognition, July 15, 1983 ............... National Guard Regulation 600-200, Personnel General: Enlisted Personnel Management, Mar 1, 1997 .............................. Air National Guard Instruction 36-2002, Enlistment And Reenlistment In The Air National Guard And As A Reserve of the Air ForcE, Mar 1, 2004 .................................................. Air National Guard Instruction 36-2502, Promotion Of Airmen, Aug 25, 2000 ................................................. Air National Guard Instruction 36-2504, Federal Recognition Of Promotion In The Air National Guard (ANG)And As A Reserve Of The Air Force Below The Grade Of General Officer, July 28, 2004 ............. Air National Guard Instruction 36-2606, Selective Retention Of Air National Guard Officer And Enlisted Personnel, Feb 28, 1997 .................. ArmyRegulation 135-155, Promotion Of CommissionedOfficers AndWarrant Officers Other Than General Officers., 13 July 2004 ........

767

793

806

819

898

950

960

971

977

ArmyRegulation 135-200, Active Duty For Missions, Projects, AndTraining For Reserve ComponentSoldiers, 30 June 1999 ......................... 999 ArmyRegulation 135-205, Enlisted Personnel Management, Sept,1 1994 ................................................. ArmyRegulation 350-10, Management ArmyIndividual Training Of Requirements And Resources, Sept 14, 1990 ....................... ArmyRegulation 350-1, Amay Training and Education, Apr. 9, 2003 .................................................

1010

1023

1036

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ArmyRegulation 351-1, Individual Military Education Training, 15 October 1987 ............................................. Department of the ArmyPamphlet 350-58, Leader Development For America's Army, Oct. 13, 1994 ................................. Department of the ArmyPamphlet 350-59, AmayCo~TespondenceCourse Program Catalogue, Oct 1, 2000 .................................

1096

1129

1151

Department of the ArmyPamphlet 351-20, ArmyCo~TespondenceCourse Program Catalo t.g.~, Apr. 28, 2000 ....................................... 1180 Field Manual7-0, Training the Force, Oct. 22, 2002 ................................................ Field Manual 22-100, ArmyLeadership. Be, Know.Do, Aug 31, 1999 ................................................ Air Force Policy Directive 36-22, Air Force Military Training, Mar 22, 2004 ................................................ Air Force Instruction 36-2201, vol. 4, Air Force Training Program. ManagingAdvancedDistributed Learning, Oct. 23, 2002 ............. Air Force Instruction 36-2201, vol. 3, Air Force Training Program, On The Job Training Administaation, 4 Feb 2005 ................... Air Force Instruction 36-2301, Professional Military Education, Jun 27 2002 .................................................

1208

1308

1326

1331

1348

1354

Air Force Instruction 36-2618, The Enlisted Structure, Apr. 1, 1999 .................................................

1363

Air Force Instruction 51-604, Appointment AndAssumptionOf Command, To Oct 1, 2000 ................................................. 1377 Air Force Manual36-8001, Reserve Personnel Participation And Training Procedures, Jan 22, 2004 ...............................

1382

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FORSCOM/ARNG/USAR Regulation 350-2, Reserve Component Training, Oct. 27, 1999) ...............................................

1411

U.S. Army Training and Doctrine Command ("TRADOC") Regulation 350-70-4, Systems Approach to Training. Management Processes And Products, Mar 9, 1999 ................................................. 1422 TRADOC Regulation 350-10, Institutional Leader Training and Education, Aug. 12, 2002 ......................................

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THE UNITED STATES COURTOF FEDERAL CLAIMS WILLIAM CLARK, A. individually and on behalf of all others similarly situated, Plaintiff, No. 00-644 (Chief Judge Damich) THE UNITED STATES, Defendant. DECLARATION BY COMMAND SERGEANT MAJOR(RETIRED) THOMAS M. McNAMARA~,5.

I, Thomas McNarnara, M. Jr., Sergeant Major (Retired), United States Army,makethe following declaration in accordancewith 28 U.S.C. § 1746. I amawarethat this declaration will be used in the UnitedStates Court of Federal Claims,and that this declaration is the legal equivalent to a statement under oath. 1. I retired on September 2000frommilitary service. Of the forty years I served in the 1,

military, 36 were spent in the ArmyNational Guard ("ARNG")/Army National Guard of the United States ("ARNGUS"). relevant part, from May1987 to February 1990, and again from In July 1994 to June 2000, I was the Senior Staff Noncommissioned Officer ("NCO") Enlisted for Personnel at the National GuardBureau("NGB").In this position, I was the senior staff NCO workingall aspects of policies, programs,processes and proceduresfor enlisted personnel management classification, for assignment, utilization, professional development,promotion,

reduction, reenlistment, separation, and retirement, as well as soldier programs such as individual training, awards, decorations, evaluations, qualitative management, selection boards, and the

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ArmyNational Guard Command Sergeant Major Program. Since my retirement, I have been employedas a contract employeewith the National GuardBureau, where I continue to workin the aboveareas involving enlisted personnel matters. 2. In myforty years of military service, I have extensive experience with and knowledge of

National Guardtraining requirements, the individual military education system, National Guard promotion and retention policies and procedures, and the ArmyCorrespondenceCourse Program ("ACCP") from both a personal and management perspective. In the twenty?four years from 1976to 2000, I served two tours at the Army's Recruiting and Retention Schoolas an Instructor and as a Training Development (writing resident and correspondence course materials and NCO supervising teams involved in those efforts); three tours at the National GuardBureauas a Senior Staff NCO developing future plans for and providing input to The Army School System and NCO course curriculum; and a tour as the State Command Sergeant Major for the New Hampshire ArmyNational Guardresponsible for monitoring subordinate units' requirements for and use of all available meansfor completion of NCO professionai developmentcourses, as well as participating in Department the Army of groups and panels to shape the future of these courses and the basic program. I have personally successfully completedover 1,000 hours of correspondencecourses in mymilitary career including the four correspondencephases of the U.S. ArmySergeants Major Course. I wrote and helped developed the current ARNGUS enlisted promotionsystem, which uses the ACCP one of the areas with which soldiers may as broaden their knowledge earn enlisted "promotionpoints." and

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3.

ARNG training is conductedpursuant to Title 32 of the U.S. Code, and is governedby

National Guard Regulation (AR)("NGR") 350-1, Training: Arm,/National Guard Training. Although this training is performed while in a state status, it is federal training performed the for purpose of maintainingcurrent unit readiness in anticipation of post-mobilization requirements-that is, federal active duty as a reserve force. The AR.NG/ARNGUS integral is an part of the first line defensesof the UnitedStates, as stated in section 102of Title 32. This training is conductedto meet both the Militia clause requirements of the ARNG, well as as reserve componentrequirements prescribed in Title 10 of the U.S. Code for the ARNGUS. Present examplesof this are the several ARNGUS that are serving in Iraq. units 4. Per NGR(AR) 350-1, there are three basic types of training duty that ARNG/ARNGUS

soldiers perform: Inactive Duty Training ("IDT"), AnnualTraining ("AT") and Active Duty Training ("ADT")(also referred to as "full time National Guard duty"). ARNG members performing ATand A~Tare paid active duty pay, and so I will limit mydiscussion to B3T. IDT is otherwise known "Armory as drill training" or "weekend drill," although certain ARNG units

mayschedule IDT periods on several days throughout the month. IDTis broken downinto three sub-categories: regularly scheduled Unit Training Assemblies("LrrA"), which are the forty-eight assemblies for drill and instruction that all ARNG units and their members must complete annually under 32 U.S.C. § 502(a)(i); additional IDT; and equivalent training. In forty years of service, I have never seen nor understood ARNG to have been conducted pursuant to any IDT other statutory authority. NGR(AR) 350-1, Table 1-2 defines the limited types of IDTthat may be authorized. All ARNG training, whetherperformedin a pay or non-pay status, must be pre-

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approvedby the command either published orders or Unit Training Schedules in a detailed on process. Within the framework that schedule, a numberof individuals and small groups of of individuals maydo a number different things for their 1DT.For instance, while one or more of recent enlistees may have instruction on selected subjects as part of their accessionorientation, the food service section mightprepare and serve the noonmeal(their t_raining is the repetition of the tasks of the section mission-FEED SOLDIERS-they perform as part of the unit in any will environment), while the major combatelement of the unit (for example,the howitzer sections a firing battery) will run the many different steps of gunnerydrill so the several soldiers in each of the sections can function smoothly,safely and efficiently as teams. Thefocus of IDT assembliesis to build the current readiness skills of the lowest echelon elementsof units-crews, teams, squads, sections, and maybe platoons-in preparation for the collective training of larger elements-companies, battalions, etc.-at annual training. Ultimately, the goal of Title 32 ARNG training is to provide trained and ready forces available to the National Corrmaand Authority whenneededto mobilize. These EDT assemblies are the regularly scheduled training periods for each ARNG unit. 5. There are in the budget a numberof additional training assemblies such as Readiness

Management Assemblies, Additional Training Assemblies, and Additional Unit Training Assembliesbut these, too, must be pre-approvedand scheduledand are strictly controlled by NGB parceled out for planned, approvedand scheduled duties by the type of activity or and training to be performed. Theseadditional periods of IDTare Section 502(a)(2) duties performedabove the minimum forty-eight. Annually, NGB allocates to each state a lirnited amountof funds to support all [DTand ATfor each of the state's units. Becausethis funding is 4

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limited, each state further controls the allocation of authorized periods of additional IDT. Finally, not all periods of duty are paid. IDTand FI~GD both be performedwithout pay. can NGR 350-1 paragraph 2-1e(1), states that "Battalion and higher commanders authorized are order IDT ~ assemblies to conduct appropriate training .... 6. "Equivalent training" is allowed only in the following situation: "When individual an

misses the regularly scheduled period of instruction or duty due to unforeseen emergency situations of a personal nature, the training maybe madeup with pay according to the following guidelines " as stated in NGR ..... 350-1 para 2-1d(7) (based on 37 USC 206(e)). Each soldier limited to four equivalent training assembliesper fiscal year. In addition, the soldier must be in uniform, and the training must be of a "similar nature" to the missedtraining. In other words, like all IDT,this is a formal, supervisedperiod of training. In myforty years of service, I have never known equivalent training to be anything other than training performedin lieu of regularly scheduled training assemblies in accordancewith the criteria set forth in BIGR 350-1. To performET, in addition to the training schedule, the soldier's commander specifically must authorize the ETin writing, and certify the successful performance the training. of Individual Military Education 7. Distinct from the mission oriented unit training described above, individual military

education and training ("IMET") focuses not on current unit readiness, but has as its primarygoal the developmentof ARNGUS soldiers and leaders. With the exception of Initial Active Duty for

Training ("IADT")-basic ~.~aining and advancedindividual h'aining ("A£1~")-all EvI~ET aspirational, voluntary training. The primary component IMET conducted through the of is Army Institutional Training and Education System ("A1TES"),governed by ArmyReg. 350-1.

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IMET achieved through operational assignments, self-development, and formal military is education conducted by accredited Army DoD and training institutions. 8. The training and education offered through AITES configured in several forms is

dependingon the course content and structure. That is, IMET be performedin residence at may an active component school, in residence at a Regional Training Institute of TheArmy School System ("TASS"), through non-resident instruction, to include the ArmyCorrespondenceCourse Program("ACCP"),or in somecircumstances, a combination of these. The courses taught through the AITES be generally divided into three categories: 1) Functional courses, which can are general or additional skills training in nature, such as the MasterFitness Trainers Course;2) Military Occupational Specialty ("MOS") related courses, such as Unit Administration or Light Wheele.dVehicle Mechaniccourse; and 3) leader professional developmentcourses. Within this last category are Officer, Warrant Officer, and Noncommissioned Officer Education Systems courses and professional developmentcourses. 9. As discussed in moredetail below, of the courses just described, only those groupedin

the OES, WOES, NCOES and categories are linked to promotion or advancement as prequalificatio~as. Theremainderof the courses are purely self developmental nature. They in enhancean individual's knowledge skills, afford him the opportunity of earning retirement and points and promotionpoints, and makehim morecompetitive with his peers. Noone is required to take these courses and no can be criminally or administratively sanctioned for not enrolling or successfully completingthese courses. 10. As noted above, membersof the ARNGUS wish to obtain IMETcan do so through a who variety of means.First, they mayapply to attend a full resident course at an Army school. While

6

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funding for these courses, and thus quotas, are limited, this possibility alwaysexists. Quotas vary yearly, and within a state as well as across the entire National Guard,yearly quotas may change or be shifted from MOS MOS. example, while a state mayhave 100 quotas in a to For given year to send MOS (Basic Infantryman) to a Primary Leadership Development 11B Course, and only two such quotas allocated for MOS (Bandsman)such as Staff Sergeant Clark O2B ("SSG"),due to contingencyoperations, trading of quotas, or lack of qualified or willing infantryman, quotas can and often do comeavailable through the Structured Manning Decision Review process. Specifically, the States participate in the quarterly Training Requirements Arbitration Panel to obtain class quotas for both active and reserve component schools for one or moresoldiers whowere not oriNnally projected to attend. Thesecond option available is to attend the course in residence at a RegionalTraining Institute-regionally located Reserve Component schools that are part of The Army Schools System. This option generally entails briefer periods of full time duty, such as two weeksof ADT, mayhave non-resident phases and incorporated into the course. Finally, ARNGUS members enroll in courses through the may ACCP. Somecourses are offered in their entirety via correspondence, while some mayinvolve a combination of residence and correspondence phases as mentioned. Non-commissionedOfficer Education System 11. The NoncommissionedOfficer Education System (NCOES)began taking form towards the end of the VietnamWarand with the advent of the All Volunteer Force. At the sametime, the ArmedForces embarked on a progamcalled "otal Force. During the Vietnam War, the Army experienced great difficulty in maintaining a highly qualified noncommissioned officer (NCO) corps and reverted for a while to training NCOs a short, high pressure course to meet in

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the needs for small unit leaders. Over dme, the Armydeveloped the NCOES prepare Army, to ARNGUS, U.S. ArmyReserve NCOs lead and train soldiers whowork and fight under and to their supervision, and to assist their leaders to execute missions. NCOES courses are developmental-theyfocus on tasks in the next higher level. Onlysoldiers whodisplay the capability and desire to progress and succeedat each successive rank are identified for participation in the NCOES. 12. As originally configured, NCOES available to reserve componentsoldiers only was through in residence training at Army schools. Becauseof the difficulty and pressures these extended periods of training placed on RCsoldiers, the Army developed what was once called "Reserve Components-Configured Courses" and "Courseware." Essentially, the courses were

broken downinto varying combinationsof resident and non-resident phases to minimize disruption on RCmembers provide them with greater flexibility in achieving the desired and [MET. As an example, the RC Basic Non-commissionedOfficer Course ("BNCOC") for Army BandMembers,is today broken downinto three Phases: Phase I is a core of common subjects applicable to all MOSs is conducted only in a two-weekresident ADT and phase at designated Regular or RCschools; Phase 1I for the active duty course is MOS specific training developedby /be proponent school, such as the U.S. ArmyElement School of Music, and maybe performed in-residence whenquotas and funding are available. For the RCsoldier whocannot attend the active duty Phase11, the correspondence PhaseII is available for selected MOS specific subjects. Not all MOSs offer correspondence phases to NCOES course~. Phase I11 is also MOS specific. training, but is performed exclusively in another two-weekresident ADT mode. The components of the RCBNCOC ArmyBandsmen for are listed in paragraph 2-217 of DAPamphlet 350-59.

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The phases are sequential, and an enrollee must completeeach phase before becomingeligible to continue in the next. However,if certain sub-courses are common other IMET to course, they will be constructively credited toward completion of the particular NCOES course. 13. The first course developed in the NCOES the Sergeants Major Course. The resident was

course was twenty-three weekslong until recent years whenit grew to approximatelynine months. The nonresident or corresponding studies course is approximately two years in duration with four nonresident phases of correspondencecourses, whichare prerequisite to attending the two weekresident phase at the Sergeants MajorAcademy. at least the last ten years, the For resident course has been required for Regular Army soldiers; but optional for ARNGUS and USAR soldiers. Regardless of the route taken, the Sergeants Major Courseis pre-qualification for promotionto Sergeant Major, as described below. 14. The Sergeants Major Course is the capstone of the NCOES. Since the mid-1970s, there have been other courses addedfor the other NCO grades all of whichwere along the lines of the courses we have today. Since 1993, the Armyhas linked NCOES certain ARNGUS to and USAR promotions to ensure these NCOs NCO have the appropriate skills and knowledge required before assumingthe duties and responsibilities of the next higher grade. NCOES now is linked as a pre-qualification for promotionas follows: the Primary Leadership Development Course (PLDC) for promotion to Sergeant; the Basic Noncommissioned Officer Course (BNCOC) promotion to Staff Sergeant; and the AdvancedNoncommissioned for Officer Course (ANCOC) promotionto Sergeant First Class, as set forth in NGR for 600-200, para. 11-28. certain circumstances, regulations permit conditional promotionof NCOs prior to completion of the qualifying NCOES course. Soldiers whoaccept such conditional promotions do so under the

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stipulation andunderstanding they mustsuccessfullycomplete coursewithin the allotted that the time periodsin order to retain the promotion. 15. The BNCOC years had two phases: Phase 1, the Common of basic military for Core leadershipsubjects common everyNCO the gradeof Staff Sergeant(this is true for the to in active duty as well as the Reserve Components courses), and Phase2, the TechnicalPhase particular to the MOS the NCOs of being trained. A common problemfor many units is the RC low number soldiers in a particular grade and MOS a State or Command. Trainer's of in The Guidefor each NCOES Coursestates the minimum number students it takes to conducta class of (the groupthat will start andfinish together as a training entity). TheBNCOC depends heavily on peer training as beingable to train one's soldiers as a core competency NCOs, there for and mustbe enough NCOs meetthe class training objective. In the case of the Army to Bands,there are typicaily aboutforty to fifty musicians the MOS in 02-series in eachState. Ofthose onlya few might be promoted SSG to each year and, thus, require BNCOC. easy solution would The be to sendall Musician NCOs the Schoolof Music their NCOES, that is not feasible to for but for manyRCNCOs. 16. TheSchoolof Musicidentified a workable solution for a difficult task: Totrain RC, ARNGUS USAR and Musicians the critical tasks of the eight-weekactive duty Phase2, it in added to the RCBNCOC a self-paced correspondencePhase 2 as a bridge from the Common CorePhase1 to whatis nowthe two-week technical Phase3. This has two benefits whichI have heardfroma number NCOs the years. One the self-paced aspect which of over is allo~.~,s the student to devoteas little or as much as he or she has availableat oneor an infinite number time of sittings withoutwatching clock, andthe soldier doesnot haveto take additionaltimeto a 10 00424

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travel to a training site such as an Armory a RegionalTraining Institute to take the courses in or uniform. Two a benefit of self-pacing in that the soldier can take as much is time as neededto re-do any lesson any number times to assure task mastery and that he or she understands the of information presented. Students can also consult with other, moreexperienced individuals when the course guidelines permit. The only challenges in the correspondencephase are to finish the courses in the time allotted, and to pass the examinationon each correspondencecourse without assistance. Army Correspondence Course Pro~am 17. The ArmyCorrespondence Course Progam (ACCP)is a self-paced, self-study pro~am

designedto be workedon at a time and location of the student's choosing with the only educational structure provided by the desi~ of each subcourse. There are no minimums or maximums the time a student must spend on a lesson, a subcourse or a series of subcourses or on correspondence courses, such as the RCBNCOC, other than the progress requirements in DA Pam350-29 or the phase requirements of a specific course. The ACCP often been used has whenthere was no other education or training medium available. In the case of the RCBNCOC, it wasan educationaldecision to providedifficult material that leant itself to self-pacing and selfstudy while satisfying the ARNGUS USAR and requirements to reduce the amount of time students spend awayfrom their normalpursuits in a formal educational environment. Correspondencecourses support the objectives and elements described in DAPam350-58, Leader Development America's Army(chapter 4 and figure 8) and in DAPam600-25, U.S. for ArmyNoncommissioned Officer Professional Development Guide, (chapter 2 plus inclusion throughout.) As stated in these documents,self study is important to self development.

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18. From almost the month I enlisted in the ARNG/ARNGUS, my full-time

administrator told meof the availability of the ACCP its application: Self-study, owntime, and ownplace, not done on duty or during training periods. However, wouldearn retirement points, I wouldget a diplomafrom the service school for completingsubcourse series, then called correspondencecourses or correspondencecourse series, a permanententry wouldbe madein the military education and training block of myPersonnel Qualification Record, and I wouldget promotionpoints, all for successful completion.I wasnever led to believe that I wouldbe entitled to pay or financial compensation engagingin these professional development for opportunities, and in myyears of experience, it has always been commonly understood that correspondencecourse workis not done in a pay status. 19. Correspondence courses provide valuable instruction for membersof all RCcomponents. Asoldier of any grade whofeels a need to take a subcoursefor a particular purpose, such as how to complete and maintain a Duty Roster or howto prepare military correspondence, maydo so through correspondenceinstructions. Individuals authorized to reclassify from one MOS to another may,with proper approval, couple on the job training with a subcourseseries (correspondencecourse for a particular MOS skill level.) Of particular value to NCOs and are the Basic and AdvancedProfessional Development(Sustainment) Courses. These are designed with two purposes: First to prepare individuals to attend their NCOES course with a better assurance of their competency;and, second, to help those whograduated from a course some time ago to sustain their technical and tactical proficiency at that level. Bothpurposesare necessary as NCOs often workon only a limited numberof the total tasks for their MOSs and grades for extended periods. Becausean MOS any skill level covers every situation which one at 12

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mayencounter in any component the Army,the sustainment courses allow soldiers to brush up of on their discipline whenthey feel they need it or want it. Unlike NCOES courses, these courses are not linked to promotionto any rank, but are proven to help NCOs toward their promotion goals and increase their professional knowledge.Anexampleof these courses is the Basic Enlisted Professional DevelopmentCourse ("BEPDC"). 20. Correspondencecourses are voluntary. The only possible penalty for not doing subcoursesis self-imposed: lack of competitivenesswith peers and/or ineligibility to progress to the next higher rank. Correspondence courses require no special resources on the part of the soldier or his unit. The ACCP centrally funded through the Army is Training Support Center. Many done electronically and all will probably be in that modesooner than later. Members are of the ARNGUS USAR in active service (either active duty or full-time National Guard and not duty) receive one retirement point for each three credit hours of correspondencecourse work successfully completed. These are awardedin the Miscellaneous subcategory of Inactive Duty points. Inactive Duty points are in the subcategories of Training Assemblies, Membership (fifteen points per year simply for being a member),Miscellaneousand Military Funeral Honors. TheMiscellaneoussubcategoryalso includes such activities as LessonPreparation for training assi~nmentsfor drill, attendance at meetings, conferences and symposiarelated to the profession of arms and furtherance of one's overall military knowledge, others all of whichare and authorized in component regulations such as NGR 680-2, Table 2-5, Rules 4 through 14. 21. Correspondencecourses cannot qualify as a regularly scheduled Unit Training Assembly ("UTA") maynot be used to substitute for misseddrills. By their very nature, and correspondencecourses are performedat the soldier's discretion. Asoldier can spend five 13

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minuteson a course one day, thirty minutesthe next, an hour the day after, and fifteen minutesor ten hours the next day, dependinguponthe time he has available. The standard is successful completionwithout regard to the time it takes. There is no requirementthat he wear a military uniformor report to any particular location, and there is no command supervision of his activities. To the best of myknowledgeand experience, the ARNG never understood has

correspondencecourse workto meet the definition of permissible regular or equivalent training. ArmyEnlisted Promotion S~¢stem 22. Each of the components of the U.S. Army-the active component ("AC"), ARNGUS, and USAR-has or morepromotion systems used to identify the best qualified for advancement one to and within the noncommissioned officer ranks. For members the ARNG, decision of of the whetheror not to promotea particular soldier is a matter of state law and command authority. However,under Section 301 of Title 32, anyone promoted by the state command must meet the qualifications set by the Secretary of the Army the grade, branch, position, and type of unit to for whichhe or she belongs in order to be federally recognizedin the promoted grade in a federally recognizedunit. Onthe other hand, the Army regulates the process and sets the qualifications for promotion of all membersof the reserve components, to include membersof the ARNGUS. The enlisted promotion system for the ARNGUS currently set forth in NGR is 600-200, Chapter 11. In order to ensure that all promotionsof ARNG members federally recognized, each state and are territory has adopted the promotioncriteria of NGR 600-200. 23. Developedbetween 1992 and 1996, the current system is based on the same principles as those of the AC:To identify the best qualified individuals with the potential to performat the next higher grade. The system established and administered in NGR 600-200, chapter 11, 14

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provides for individuals to competefor promotion to the noncommissioned grades. Every eligible individual whodoes not decline consideration or is not denied consideration for cause, will be consideredequally on the sumof his or her qualities and qualifications for the next higher rank and pay grade subject to the availability of a position vacancyin a unit, for whichthat soldier is rankedhighest on the promotion list and is eligible and available for that position. One of the hallmarksof this systemis the requirementfor the soldier to elect or decline consideration for military education and promotion. 24. The promotion system is a mixed objective and subjective process that determines the sumof a soldier's qualifications and qualities. There are two major components the to promotionsystem: 1) Thesoldier's administrative and performancepoints in which a point value is set in each of eight areas in whichsoldiers mayaccrue up to 75 points for a total of 600 points. These include: Time in Grade (months), Timein Service (years), Military Awards, Weapons Qualification Score, Army Physical Fitness Test Score, Other Resident Courses(points per week), Self-DevelopmentCourses (ACCP credit hours), and Post-Secondary (semester hours and similar measures). Timein Grade and Timein Service showaccrual of service. Military Awards generally showexcellence in performanceand certain types of difficult duty. Weapons Qualification is required at a stated minimum, is scored and recognizedas (from least to most but competent) Marksman, Sharpshooter and Expert. The ArmyPhysical Fitness Test has a stated minimum continue in the Army.It is scored over a scale with the highest achievers recogrfized to with the Army r'hysical Fitness Badge. Other Resident Courses gain promotion points based on the numberof weeksof authorized military courses. Self-DevelopmentCourses gain promotion points for each 5 credit hours of successfully completedsubcourses (correspondencecourses) 15

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that are not part of ACor RC-NCOES courses. Post-Secondary Education gains promotion points for undergraduatework. Regardingthese last two categories, both of whichare selfdevelopmentalas stated in DAPam350-58, Leader Development,there is no requirement for an NCO complete any stated level. For civilian education, the only requirement for an NCO to to is have a high school diplomaor an equivalent. 25. There is no right to a promotionor a guarantee that if someone does a certain numberof things and attains a certain score in any of the areas a promotion will follow. Theeight areas identified above present the opportunity to accrue 600 promotionpoints. The promotionboard convenedby the State Adjutant General can then award up to 400 points based on a qualitative review and evaluation of each soldier's past performance future potential. Noone has to be and evaluated by the promotionboard. The only mandatoryrequirement of soldiers is to review their NGB Form4100-R-I-E, Enlisted PromotionPoint Worksheet,to verify all the entries and elect either "I do" or "I do not" want to be consideredfor military educationand promotion,to sign the form and date it. Soldiers whocheck "I do" also maybe required to elect one or moreoptions that signal their desire to serve in different units, localities in the State, or both, in order to fill an open vacancy, but these are choices in whichthe soldier signals his willingness and ability to serve in the higher grade. 26. One major difference between the ARNGUS the Regular Armysystems is that the and ARNGUS promotion system recognizes that traditional ARNG/ARNGUS soldiers will serve

wherethey feel they can pm~icipatesatisfactorily and be able to discharge fully their duties as noncommissioned officers. It recognizes the voluntary aspect of participation in the promotion system and all that goes with it. In other words, no enlisted soldier in the AR/~G/ARNGUS is

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required to seek promotionand unlike the Regular Army,there is no "up or out" system limiting the length of time an ARNG soldier mayserve in a particular grade. Throughout career I my have knownmanyARNG soldiers whohave declined promotions in order to remain in a particular unit or position, or becausethey did not wantthe increased responsibility that comes with increased rank. Being a NCO under any circumstances is a challenge. Being one in a traditional drill-status member the ARNG/ARNGUS of is especially challenging. It is widely

understoodthat it requires significant extra time, very little of whichis compensated. is neither It impossible, nor unheardof, for someone remain in the ARNG a full twenty years and retire to for as a speciaiist/E-4. 27. Once a member the ARNGUS of attains twenty qualifying years of reserve service, he or she is eligible for a non-regular retirement from the U.S. Army.Soldiers mayelect to separate fromthe ARNG, be transferred into a Title 10 retired reserve status, subject to recall, but to earning additional years of credit towardretirement benefits that vest at age sixty. Others prefer to separate fromthe military altogether so as not to be subject to recall. Others chooseto continue in an active drilling status in the ARNG/ARNGUS additional retirement points to earn and possible continued advancement.In accordance with Army Reg. 135-205, Chapter 4, the file of every enlisted member the ARNGUS reviewed at least every two years by the Enlisted of is Qualitative Retention Board ("QRB"). Everyonereviewed by a QRB considered fully is qualified with only two exceptions: weight control and Army Physical Fitness Test failures. Like a promotionboard, the QRB con~iders a range of factors, looking at the "wholeperson" to determinethose with the greatest potential for continued service. Thosefound to possess the least potential for continued service are separated from the ARNG the retired reserve unless to 17

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they request to be discharged altogether. The QR~ does not recommend soldiers for separation for failure to completeNCOES other correspondencecourses, but all other things being equal, or completionof those courses makesa soldier morecompetitive for retention than his or her peers. Staff Sergeant Clark's Records 28. In preparation for this declaration I have reviewed SSGClark's complaint in this case and his military personnelrecords, to include his finance records, training records, retirement records, and his ArmyTraining Requirements and Resources System ("ATRRS") records. 29. SSGClark dually enlisted in the Alabama ARNG the A_RNGUS April 28, 1987 in and on the rank and grade of specialisffE-4. He was promotedto sergeant/E-5 on June 2, 1989. He has served continuouslyin both organizations from that date to the present. 30. SSG Clark completed BNCOC Phase I (Resident) for his MOS 02J-Course Number 514

M01-in July 1995. On May16, 1997, he enrolled in BNCOC Phase lI (correspondence). Phase 11 was and is composedoften subcourses: MU 1300, MU1305, MU 1709, MU3200, MU 3210, MU3310, MU3320, MU3322, M-U4214, MP1031. 31. In 1997 SSGClark was considered for promotion. He was selected and was conditionally promoted in the ARNGUS the rank of Staff Sergeant ("SSG") by order dated 7 November to 1997, with an effective date of 20 October1997. In order to retain his promotionto SSG,he was required per regulation to complete BNCOC Phase 11 and begin BNCOC Phase t3I within two years of completion of Phase I. SSGClark did not complete BNCOC Phase 1I. His ATRRS record indicates no subcoursescompleted. As a result, he wasadministratively reduced to his previous rank of Sergeant (pay grade E-5) by order dated 7 October1999, with an effective date of 1 October 1999. 18

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32. SSGClark enrolled in the Basic Enlisted Professional DevelopmentCourse-Course Number514 M05-for his MOS September 21, 1999. At the time, because he had completed on BNCOC Phase I morethan two years prior, he was ineligible to enroll in BNCOC Phase ]I. As mentionedearlier, this course is not linked to promotion. Course Number M05 514 contains seventeen subcourses, seven of which are shared with BNCOC Phase ]1: MU 3200, MU 3210, MU3310, MU 3320, MU3322, MU4214, and NIP 1031. SSGClark completed all seventeen subcourses between September 21, 1999 and October 18, 2000. 33. SSGClark enrolled in the AdvancedEnlisted Professional DevelopmentCourse ("AEPDC")-CourseNumber514 M07-onOctober 24, 2000. SSGClark did not complete this
course.

34. On January 2002, 5, SSG Clark reenrolled BNCOC in Phase He completed twoI. the week residence phase January 2002. Clark again on 17, SSO was conditionally promoted SSG to by order dated 25 February 2002, with an effective date of 16 January 2002. He again enrolled in BNCOC Phase 1I (correspondence) on March 6, 2002. Because he had already completed seven of the ten required subcourses as part of the BEPDC, Clark was constructively credited SSG (shown as "exempt" in his ATTRS/ACCP record) with completion of those subcourses and needed complete only MU 1300, MU 1305, MU1709. He completed these three subcourses between March 6, 2002 and May21, 2002. SSGClark completed BNCOC Phase 11I (resident) June, 2002. 35. In late 2001 or early 2002, SSGClark was again considered and selected for promotion. He was conditionally promotedto the rank of SSGin the ARNGUS effective January 16, 2002. 36. In each fiscal year in which SSGClark was enrolled in correspondence courses which he

19

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completed-1999, 2000, 2001, and 2002-he attended and was paid for his maximum forty-eight regularly scheduled Unit Training Assemblies. SSGClark's records do not indicate that he was ever authorized to perform Code21 Equivalent Training periods of IDT. 37. SSGCark claims that he was required by the Alabama ARNG complete to correspondencecourses to maintain his status in the Army National Guardor to advancein rank. There is no support for this assertion becausethere was, and is, no such requirement. Like all ARNG members, SSGClark should have understood that as an ArmyBand Member,if he wanted to be promotedto the next higher rank and grade he had to complete the BNCOC prescribed by the U.S. ArmyElement School of Music, as the Armystandard for all Army Band members,active ARNGUS, USAR. fact, he enrolled in Phase II prior to his promotionin and In 1997. He also should have known that he did not have to be promoted, and that he could decline both the IMETrequirements and promotion. To complete BNCOC had two choices: He he could apply for the full resident Basic NCO Courseat the School of Music, a course that is ten weekslong. The other option, the one the typical ARNGUS soldier chooses to pursue, is to take the RC-phased version of the course desig-ned with three phases as described above. This is the waySSGClark chose to go. There is no indication in his records that he ever requested a quota to attend BNCOC a full residence mode,or that he sought waiver of the Phase It requirements in based on constructive credit in accordance with TRADOC 350-10. Reg. 38. SSGClark completed the two-weekresident Phase I at the Regional Training Institute NCO Academy Mississippi, the schoo~ prescribed for his region of The Army in School System. Phase II comprised10 subcourses that equal 112 credit hours. Thenumberof credit hours assigned to a subcourseis the estimated time required for an average student to read the material 20

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and completeall exercises and the examination. Credit hours are awardeduponsuccessful completion of the subcourse. These I0 subcourses are roughly equivalent to two weeksof resident training (112 hours divided by 8 hours per day equals 14 days). As noted above, it common practice for subcourse proponents to reuse subcourses constructed for various segments of their target populations. When soldier completesone extension course that has one or more a subcoursesof another subcourseseries, as happened here, the school verifies the edition date to ensure there has been no significant changein content or that a significant period (four years) has not passed, and.exemptsthe student from re-taking the samecourse. In SSG Clark's case, he ¯ completed the seven exempt subcourses whenhe earlier opted to complete the BEPDC MOSs for 02B through 02U (Course Number:514 M05). 39. Regardless of howlittle or muchtime SSGClark spent completing his correspondence

course work, the ARNG not schedule 1DTfor him and he did not meet the participation did requirements for IDT. The ACCP mynearly forty years of experience has essentially been the in military equivalent of a community college or other post-secondaryinstitution. I wasnot required to take college courses or subcoursesas they were beneficial to mein quantifiable (promotionpoints) measureand unquantifiable (the potential superiors on selection boards in me)as both a soldier and as a person. Compensation these self study efforts wasnot for offered and none sought. I and every other soldier whosought improvementand advancement chose to put in the extra effort outside of normalduties and workhours, on our own,and without direct compensation,of our ownvolition. This is just hart of the professional development soldiers undertaketo be the best soldiers and leaders that they can. 40. Promotionsin every component the Army based on individual desire and ability to of are

21

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meet a number criteria. Many of cannot, or will not, pay the price of leadership for a variety of reasons. In somecases, the individual is perfectly content to serve in the current grade for a number years, an entire enlistment, or a career. Some of fear, or know,they cannot or will not be able to complete the NCOES course or courses required. Choosingto avoid promotion does not place the soldier in jeopardyof losing his rank, grade, or current position until consideredby the State Enlisted QRB described above, and even then manyare retained. However,soldiers who accept the challenge, and for some, a promotionthat has conditions attached to it such as an NCOES course, do so freely after being informedof the conditions and increase their potential value to the unit and the organizationthus enhancing their retainability. I have read the foregoing ~ page declaration and I certify under penalty of perjury that it is true andcorrect.

Sergeant Major (retired), United States Army Executedthis 22"d day of April, 2004.

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IN THE UNITED STATES COURTOF FEDEP,.AL CLAIMS WILLIAM CLARK, A. individually andon behalf o f all others similarly situated, Plaintiff,

)
THE UNITED STATES, Defendant. )

No. 00-644 (Chief Judge Damich)

)
) MANWILLEI~ JR. DECLARATION BY HOWARD ,J.

I, Howard Manwiller, Jr., makethe following declaration in accordancewith 28 Y. U.S.C. § 1746. I amawarethat this declaration will be used in the United States Court of Federal Claims, and that this declaration is the legal equivalent to a statement under oath. 1. I amthe Financial Managerof the Army National Guard('°ARNG"), the National at

Guard Bureau("NGB").The ARNG comprised of the National Guards of all the states, is terhtories, and the District of Columbia.I amresponsible for all budget functions including budget formulation and execution, accounting processes and payment procedures for ARNG bills. I have performedthis function since 1990. From1984to 1990, I wasthe BudgetOfficer for the ARNG, from 1980 to 1984 1 was a Budget Analyst and Chief of Budget for the and ARNG. 2. The ARNG budget process is a continuous process. Each year, the ARNG begins its

request for appropriations through the Program Objective Memorandum ("POM"). The POM the Departmentof Defense's request for resources to carry out its long-range plan. The ARNG provides input to the POM resources to carry out its part of the overall plan. for

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The budget funding request travels from the ARNG the Departmentof Army,then to the DoD to and the Office of Management and Budget ("OMB"). For the DoDand OMB review, the ARNG builds "justification books" which provide details on the request. OMB DoD and

conduct simultaneous reviews of the request, and provide commentsback to the ARNG. The ARNG receives those comments,and develops new justification review. 3. Congressional staffofthe House ArmedServices Committee, Senate ArmedServices books for Congressional

Committee, House Appropriations Committee, and Senate Appropriations Committeereceive and review the budget request and justification books. ARNG leadership also provides

testimony upon request. The Congressional staffers workwith the ARNG Legislative Offices to resolve issues raised by the budget request. The resulting Appropriation Act gives the ARNG specific authority to expendfunds for the specific items it has requested. Onoccasion, Congress funds activities that DoD does not request. 4. I havereviewedthe budgetrequest for the fiscal years 1997-2002,and can say that the

ARNG didnot request appropriations to pay soldiers to do correspondencecourse work in those years. (See as an example Attachment1) In fact, the ARNG never requested such has appropriations. Congresshas never appropriated funds for that purpose. The budget funding request by the ARNG developed based on a series of modelsusing historic information of is actual costs and the number personnel being requested to be supported, to include growth. The of budgetis to provide for pay, allowances, travel and subsistence while on specific duty, undergoing training, or while performingdrills or equivalent training, pursuant to Titles 10 or 32, U.S. Code. Noneof these modelshave ever considered pay to personnel for correspondence 2

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course workcompleted. Theseappropriations thus fund the military pay requirements of the ARNG operate and train. Thesefunds are not available to compensate to soldiers for correspondence courseworkperformed in a non-duty status because performance of these courses is not "required" of the ARNG operate or train. to 5. In my20 years as BudgetOfficer and Financial Manager, state, territory, or the no

District of Columbia ever requested this type of ffmding. The Adjutants General of each has state or territory National Guardare given the opportunityto provide input into the appropriations process and funding models. The National Guardsof the several states and territories are providedfunding guidance by various offices in the Army National Guardin a budget documentbased on models, muchlike the developmentof the budget request, e.g., number personnel assigned per state, training or operations being assigned and projected costs of for such things as uniforms and subsistence. The Adjutant General (TAG) each state is then of afforded the opportunity to comment his budget funding by reply to the Director of the Army on Guard. This dialogue betweenthe state and Army National Guardstaff occurs during the sprinNsummer prior to executionof the budgetand after all legislative initiatives have been presented to the Congress. Fundingis provided based on what has been requested, authorized and appropriated. To my knowledge, no TAG ever requested the models be changed or has provided input that wouldcause the ARNG consider requesting appropriations for funding of to soldiers performing correspondence course work. 6. In order to control the expenditure of appropriated funds and to ensure they are expended

only for the purposes and in the amountsappropriated, NGB prescribes through regulation and policy memorandum eleven specific pay codes corresponding to the only categories of IDTthat

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membersof the ARNG perform. These codes are: 1) Code 11-Regularly Scheduled Unit may Training Assembly("UTA");2) Code2 l-Equivalent Training; 3) Code 31-Additional Flight Training Periods; 4) Code 41-Additional Unit Training Assembly("AUTA");5) Code 42-Jump Proficiency Training Periods; 6) Code51-Junior Leader Civil Disturbance Training; 7) Code 61-Additional Artillery Training; 8) Code 71-Readiness Management Period (Training Support); 9) Code 81-Unit Leader Development Periods; t0) Code 82-Additional Simulator Training (Gunnery); 11) Code 91-Readiness Management Period (Management Support). NGR 37-104-3, NGR 680-1, and annual NGB administrative instructions (attachment 2), all training must be certified on a DAForm1379, whichmust identify each period of training with one of the eleven codes listed above. With the exception of Codes11 (UTA) 21 (ET), which and maynot exceed a combined total of forty-eight in any fiscal year, the remainingnine codes correspond to additional IDTperiods whichare individual or unit paid assemblies aboveand beyondthe forty-eight authorized UTAs. These additional IDTperiods all fall under one of three categories, as designated by Department DefenseDirectives and Instructions: Additional of Flight Traiging Periods, Additional Training Periods, and Readiness Management Periods. All additional IDT periods must be specifically authorized by NGB. Completionof correspondence courses does not meet the criteria of any of the three categories of additional I]3T and NGB has never authorized the use of additional IDTperiods to completecorrespondencecourses. 7. Further, federal funding of IDTrequires both approval and a scheduling by the command

_uthority for training events for both drill periods and additional training periods. Performance of authorized duty is then certified by the commander designee. For example,for drill or periods, the commander publishes a detailed training schedule for the unit's training and certifies 4

0 0 4-i 0

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on the DAForm1379 the completion of that training by the attending unit members.Additional training assemblies must be approvedby the commander, then certified upon completion, allowing for payment.Active duty other than mobilization is requested by the unit or individual. A unit order is producedif the unit is performingannual training (AT)as a unit, and a DAForm 1379is completeduponcompletionof the duty. Individual active duty is certified as performed ¯ by an individual having knowledge the duty performance. of 8. Staff Sergeant Clark claims that he is due pay for correspondencesubcourse work

completed betweenthe years of 1997-1999, and possibly in subsequent years. However,as described herein, there is no authority in Title 32 or its implementing regulations to allow the completion of correspondencecourses--a self-paced course of non-resident study performedat the time and place of the soldier's choosing--to qualify as a period of Title 32 IDT. SSG Clark was never in a Title 32 status while completingcorrespondencecourses. Nofederal funds have been appropriated to compensate ARNG membersfor completion of correspondence courses. Further, federal appropriations are not available to fund training or operations conductedby members the ARNG their status as members their states' militias under direction of the of in of governors. Such duty--State Active Duty ("SAD")--is funded only by the individual State. Service on SAD does not provide a National Guardsman with federal legal protection, nor does it allow for federal funding. Consequently,if the laws of the State of Alabama provide that SSG Clark was in a SAD status whenperforming correspondencecourseworkin his status as a member ,he Alabama of National Guard, SSGClark's claim lies only against the State of Alabama. t have read the foregoing 6~ page declaration and I certify under penalty of perjury 5

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that it is true andcorrect.

Howard Manwiller, Jr. Y. Financial Manager ArmyNational Guard Executedthis 19'~ day of April, 2004.

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DEPARTMENTS OF THE ARMY AND THE AIR NA3*IDNAL GUARD BUREAU 1411 JEFFERSON DAVIS HIGHWAY ARLINGTON,VA 222OB-3Z31

FORCE

NGB-ARH MEMORANDUM SEE DISTRIBUTION FOR

8 October 2002

SUBJECT: AdministrativeInstructions for Inactive DutyTraining (IDT) including Additional Training Periods (ATP), Readiness Management Periods (RMP) and Additional Flight Training Periods(AFTP) 1, Reference. All States LogNumber 101-0058,dated 19 April 2001, Subject: Implementation Guidance Additional Training Pedods for (ATPs)and Readiness Management Periods (RMPs). 2. Purpose.Provide administrative instructions for the ARNG ATP,RMP, IDT, and AFTPprograms. 3. Applicability. These instructions are applicableto all states andterritories. This memorandum expire 30 September will 2003, unless soonerrescinded or superseded. 4. General.Fundingfor this program issued underBudgetActivity 1 (BA1). Each was state/territory mustuse Automated FundsControl Order System (AFCOS) Future Cost Report(ORD880P) determine to funding requirements the statutory 48 drill periods, for TheFuture Cost Reportis a total of both 1B10PayGroupA and 1E30PayGroupP accounts.Thetwo accountsmayrequire cross leveling as the year progresses.After identifying the fundsrequiredto meet statutory IDTrequirements, balance funds the of can be applied to the regulatory programs AFTPs, ATPsand RMPs. a. Anycombination officer andenlisted mandays be usedas long as the total of may dollar allocation is not exceeded. Dollar valueswill be based actual cost related on variables(i.e. paygrade,timein service, FICA,etc.) of the individualsconcerned. b. Useof the Automated FundsControl System (AFCOS), Unit IDT Performance Report(ORD855P) be of great benefit to you in tracking your usage ATPs will of and RMPs. This report has a wealthof information andcan assist you in managing your rescheduled training. c. As a minimum, additional IDT periods (ATP/RMP/AFTP) be at least four (4) will hoursin duration,excluding travel time. Travelis not covered a part of as ATPIRMP/AFTP funding allocations.

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NGB-ARH SUBJECT: AdministrativeInstructions for Inactive Duty Training (IDT) including Additional Training Periods (ATP), Readiness Management Periods (RMP) Additional Flight Training Periods(AFTP)

d. Non-Prior Service (NPS)soldiers in Pay GroupP and Simultaneous Membership Program (SMP)personnelare not authorized to perform ATP/RMP/AFTP until duty completion initial entrytraining. of e. Additional IDT Periodsare individual paid assemblies alcoveandbeyond the authorized48 Unit Training Assemblies (UTA). UTAs divided into three categories: are Additional Flight Training Periods, Additional Training Periods,andReadiness Management Periods. lAWDoDInstruction Manual1215.19, soldiers maynot exceed fifty.four (54) ATPIRMP periodsin a single fiscal year. The54 period limitation does not applyto AdditionalFlight TrainingPeriods. 5. AdditionalFlight Training Periods(AFTP)Code 31. AFTPs authorized for are primary aircraw members aviation supportpersonnelfor conducting and aircrew training andcombat crewqualification training to attain andmaintainaircrew proficiency and sustain required readiness, lAWDoD Instruction 1215.19,soldiers maynot exceed forty-eight (48) pedods a single fiscal year. AFTPs not in addition to the other in are ATPs referenced above.Refer to NGR (AR) 95-210for individual AFTP authorizations. 6. Additional Training Periods (ATP). ATPs authorized for accomplishing are additional requiredtraining as defined by post-mobilizationmissionrequirements, lAW DoD Instruction 1215.19, soldiers may exceed not thirty (30) periodsin a single fiscal year, unlessrestricted otherwise underseparate type duty description listed below. a. Additional Unit Training Assemblies(AUTA)Code4t. AUTAs additional are paid unit assemblies the .entire unit over andabove currently authorized for the 48 UTAs. (1) A formal requestfor AUTA 41 with appropriatelead time andjustification Code (who, what, when,where, whyand howmany officer and enlisted mandays) must submittedto NGB-ART approvalprior to executionandmustbe for the purposeof for conducting training activities that enhance training readiness. unit (2) A unit executingan AUTA will record it on the automated Form DA 13,'9 as Code41. (3) At this time there are no additional funds available for AUTA 41. Code b. JumpProficiency Training Periods (JPTP) Code42: JPTPsare authorized for Airborne, Ranger,Special OperationsForces, LongRange Surveillance (LRS), and 2

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NGB-ARH SUBJECT: Administrative Instructions for Inactive DutyTraining (IDT) including Additional Training Periods (ATP), Readiness Management Pedods (RMP) Additional Flight Training Pedods (AFTP) Pathfinderunits to maintainjumpproficiency. Additionally, airbornequalified personnel, occupying authorizedjumpbillets, whichrequire periodic training/proficiency NGB jumps(to include parachuteriggers), mayuse Code42s. Code42s maysupport jump refresher training, drop zonepreparationfor jumps,jumpmaster refresher, positioning of parachutes the jump,as well as the actual jump. for (1) JPTPs for individuals whomisseda scheduled are 1DTor AT parachutejump dueto aircraft cancellation or inclementweather.Theyshouldnot be usedas the pdmar~ means maintaining jumpproficiency but as additional assemblies of over and above regularly scheduled periods. (2) Anindividual is authorizedto performonly six (6) JPTPs fiscal year. per (2) JPTPs maybe performedon the sameday. c. Junior LeaderTraining for Civil Disturbance (JLTCD) PeriodsCode 51. JLTCDs authorized for company are gradeofficers and noncommissioned officers in leadershippositions in units designated TAG conduct by to training in preparationfor a unit civil disturbance training event. (1) Statesmay allocate Code to units with a designated 51s civil disturbance mission. (2) Individualuseis timited to one(1) per dayandfifteen (15) per fiscal year. Code cannotbe usedby an individual on the same they performany other type 51 day IDTtAdditional tDT period (UTA/AUTA/RMP/ATP/AFTP). d. Additional Artillery Gunnery Periods (AAGP) Code61. AAGPs periods are authorized artillery di,qital operators maintain for to proficiencyusingImproved Fire SupportAutomated System (IFSAS) and/or Army Field Artillery Tactical Digital System (AFATDS). individual is authorizedto performonly eight (8) AAGPs fiscal year. An per e. Unit Leader Development Periods (ULDP)Code81. ULDPs periods are designedto assist Enhanced Brigade leaders (battalion commanders, company commanders, platoon leaders, platoon sergeants,squadleaders, and/or track commanders) improvetraining readiness. States with Enhanced to SeparateBrigades may resourcedwith specific target dollars to supportapproved be development programs.

3

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