BOARD DATE: 29 June 2017 DOCKET NUMBER: AR20150018586 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 BOARD DATE: 29 June 2017 DOCKET NUMBER: AR20150018586 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: * amending his DA Form 4187 (Personnel Action) to show he signed this form effective 24 July 2015 * showing he is authorized involuntary separation pay and paying him said separation pay as authorized by law as a direct result of the above 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. BOARD DATE: 29 June 2017 DOCKET NUMBER: AR20150018586 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 military records to show entitlement to separation pay. 2.  The applicant states separation pay was not received when he was discharged from the Regular Army. 3.  The applicant provides a DA Form 4187 (Personnel Action), separation orders, and DD Form 214 (Certificate of Release or Discharge from Active Duty). CONSIDERATION OF EVIDENCE: 1.  On 1 August 2007, the applicant enlisted in the Regular Army. He served through multiple extensions/reenlistments. 2.  On 10 June 2015, Headquarters, III Corps and Fort Hood, published Orders 161-0111 showing the applicant's effective date of discharge as 21 August 2015. This order shows he is entitled to full separation pay in accordance with Title 10, U.S. Code, section 1174. 3.  On 24 July 2015, the applicant's Ready Reserve Career Counselor prepared and electronically signed a DA Form 4187 showing the applicant would serve in the Ready Reserve for not less than 3 years following his separation from Active Duty. This military service agreement was not signed by the applicant. A review of the applicant's interactive Personnel Electronic Records Management System shows no signed 3-year Ready Reserve military service agreement is filed within his record. 4.  On 21 August 2015, the applicant was discharged from the Regular Army upon completion of required active service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he is entitled to separation pay. 5.  An advisory opinion received from the Chief, Compensation and Entitlements Division, Department of the Army Office of the Deputy Chief of Staff, G-1, recommends the Army Board for Correction of Military Records correct the applicant's records to show he signed a valid service agreement prior to separation from active duty. This official recommends approval of the applicant's entitlement to separation pay with notification sent to the Defense Finance and Accounting Service (DFAS). The official stated payment of separation pay was denied by DFAS because the applicant did not sign his military service agreement. 6.  The applicant was provided a copy of the advisory opinion for review and comment. He responded by email asserting he did provide a DA Form 4187 and expressed his frustration with the lengthily application adjudication process. REFERENCE: Title 10, U.S. Code, section 1174(3), states 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 3 years in the Ready Reserve. This section specifies that the Ready Reserve service must occur "following the person's discharge or release from active duty." DISCUSSION: It appears the applicant did not sign his military service agreement (DA Form 4187) in July 2015. The only signature on the agreement is the Ready Reserve Career Counselor, an Army representative. As he did not sign his agreement, by law DFAS was not able to pay him separation pay. Based on information provided by the Office of the Deputy Chief of Staff, G-1, the applicant is entitled to separation pay provided his record is corrected to show he signed his military service agreement. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015101 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015101 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2