IN THE CASE OF: BOARD DATE: 27 September 2016 DOCKET NUMBER: AR20150015428 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 27 September 2016 DOCKET NUMBER: AR20150015428 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 records of the individual concerned be corrected by: * showing she completed all documentation required to be eligible for separation pay * directing DFAS to pay all separation pay to which she entitled 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. IN THE CASE OF: BOARD DATE: 27 September 2016 DOCKET NUMBER: AR20150015428 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 her military records to show entitlement to separation pay. 2. The applicant states separation pay was not received when discharged from the Army. 3. The applicant provides separation orders and a DD Form 214 (Certificate of Release or Discharge from Active Duty). 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. Records show the applicant was discharged from the Regular Army and did not receive separation pay at that time. 3. The applicant did not sign a DA Form 4187 (Personnel Action) Reserve service agreement for a period of not less than 3 years prior to being discharged. 4. An advisory opinion received from the Department of the Army, Office of the Deputy Chief of Staff, G-1, recommends the records be corrected to show the applicant signed a valid service agreement prior to separating from active duty and approval of entitlement to separation pay. This official recommends that the applicant's separation documents be corrected to reflect entitlement to separation pay and that the Defense Finance and Accounting Service (DFAS) should disburse payment. 5. The opinion states that due to an administrative error, the Army did not afford the applicant the opportunity to sign a Ready Reserve (RR) agreement prior to separation from active duty. Consequently, DFAS directed its military pay offices to stop issuing payment to Soldiers when the request for separation pay was not accompanied by a written agreement to serve a minimum of three years in the RR. Since the applicant is not serving an obligation in the Reserve Component, which would have begun immediately following discharge from active duty, law and policy prohibit the Army from entering the applicant into an RR service agreement for the purpose of separation pay. 6. The applicant was provided a copy of the advisory opinion for review and comment. REFERENCES: Title 10, U.S. Code, section 1174(3) states that Soldiers being involuntarily separated from active duty, in order to become eligible for separation pay, must enter into an agreement to serve no less than three years in the RR. This section specifies that the RR service must occur "following the person's discharge or release from active duty." DISCUSSION: 1. The applicant requests correction of her records to show eligibility for separation pay. 2. Based on information provided by the Office of the Deputy Chief of Staff, G-1 the applicant was not provided the opportunity to complete the proper military service agreement at the time of discharge to allow for the immediate start of a three-year obligation in the RR. The applicant subsequently completed such an agreement and met the requirement for separation pay. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015428 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015428 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2