BOARD DATE: 19 January 2016 DOCKET NUMBER: AR20150007776 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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he is authorized half separation pay. 2. The applicant states no one assisted him during the separation process. He was a recruiter and only required to go to base to pick up his DD Form 214. No information was given to him about finances. 3. The applicant provides his DD Form 214 and separation orders. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 17 September 2002 and held military occupational specialty (MOS) 31B (Military Police). He served through two reenlistments in a variety of assignments and he attained the rank/grade of staff sergeant (SSG)/E-6. 2. His last reenlistment was for a 6-year term executed on 6 October 2008 and established his expiration of term of service (ETS) date as 5 October 2014. 3. Following a tour in Hawaii, he was assigned as a recruiter at the Recruiting Company in Houston, TX. On 27 June 2011, he executed a 6-month extension to meet the service remaining requirements for recruiting duties. His ETS date was adjusted to 5 April 2015. 4. On 23 October 2014, Headquarters, U.S. Army Garrison, Fort Knox, KY, published Orders 296-0169 reassigning him to the Transition Center for separation processing and discharge effective 5 April 2015. The separation orders read in the Additional Instructions, "Soldier is entitled to half separation pay in accordance with Title 10, U.S. Code (USC), section 1174." 5. He was honorably discharged on 5 April 2015 by reason of having completed his active service. He completed 12 years, 6 months, and 19 days of active service. Item 18 (Remarks) of his DD Form 214 does not show any entries pertaining to separation pay. 6. On 30 September 2015, Headquarters, U.S. Army Garrison, Fort Knox, KY published Orders 273-0151 amending his separation orders to remove the entry pertaining to separation pay. 7. An advisory opinion was received on 5 October 2015 from the Compensation and Entitlement Division, Office of the Deputy Chief of Staff, G-1, in the processing of this case. An official determined that the applicant is not entitled to separation pay in accordance with Title 10, USC, section 1174, and Department of Defense Instruction (DODI) 1332.29. * The applicant voluntarily separated upon reaching his contractual ETS date due to loss of MOS qualification; the entry on his separation orders reflecting half separation pay is in error and the Transition Center amended the order to remove this entry * There is no indication the applicant requested continuation on active duty in accordance with Title 10, USC, section 1174, and the applicable DODI or that such a request was denied to constitute an involuntary separation 8. The applicant was provided with a copy of this advisory opinion on 23 October 2015 to allow him an opportunity to submit a rebuttal. He did not respond. 9. Title 10, USC, section 1174(b), states a regular enlisted member of an armed force who is discharged involuntarily or as the result of the denial of the reenlistment of the member and who has completed 6 or more, but less than 20, years of active service immediately before that discharge is entitled to separation pay unless the Secretary concerned determines that the conditions under which the member is discharged do not warrant payment of such pay. DISCUSSION AND CONCLUSIONS: The applicant was not involuntarily discharged. He voluntarily separated at the end of his contractual ETS date due to loss of MOS qualification; the entry on his separation orders reflecting authorization of half separation pay was an error. There is no indication the applicant requested continuation on active duty and that such a request was denied to constitute an involuntary separation. As such, he does not meet the statutory requirements for entitlement to separation pay. 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) AR20150007776 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007776 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1