BOARD DATE: 1 August 2017 DOCKET NUMBER: AR20150019240 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ ___x_____ ___x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 August 2017 DOCKET NUMBER: AR20150019240 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 1 August 2017 DOCKET NUMBER: AR20150019240 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 entitled to separation pay. 2. The applicant states his DD Form 214 states he is not authorized separation pay and not able to join the U.S. Army Reserve, but he has orders and a Reserve contract authorizing him full separation pay due to retention control point. He was not able to clear his unit as the unit was in training at the National Training Center, Fort Irwin, CA, at the beginning of his terminal leave. Financial hardship has caused him to relocate from Texas to New Orleans, Louisiana. 3. The applicant provides: * reassignment orders, dated 19 March 2015 * amended orders, dated 20 April 2015 * revoked orders, dated 26 October 2015 * DD Form 214 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 8 October 2003 and remained on active duty through continuous reenlistments. 2. He provided Headquarters, III Corps and Fort Hood, Orders 078-0165, dated 19 March 2015, assigning him to Fort Hood, Texas, for transition processing with a discharge date of 14 July 2015. 3. He provided Headquarters, III Corps and Fort Hood, Orders 110-0118, dated 20 April 2015, amending Orders 078-0165 by assigning him to Austin, Texas. 4. His DD Form 214 shows he was honorably discharged for completion of required active service on 14 July 2015. 5. Item 18 (Remarks) of his DD Form 214 states, in part, "SOLDIER FAILED TO FULFILL RESERVE COMPONENT ENLISTMENT PRIOR TO TRANSITION FROM ACTIVE DUTY IN ORDER TO RECEIVE SEPARATION PAY." 6. He provided Headquarters, III Corps and Fort Hood, Orders 299-0152, dated 26 October 2015, which rescinded Headquarters, III Corps and Fort Hood, Orders 078-0165, dated 19 March 2015. 7. An advisory opinion was obtained from the Chief, Compensation and Entitlements Division, Department of the Army Office of the Deputy Chief of Staff, G-1, dated 5 December 2016. The opinion states: a. After careful review and coordination with the applicant's losing command, the Army G-1 determined the applicant is not entitled to separation pay in accordance with Title 10, U.S. Code, section 1174, and Department of Defense Instruction 1332.29 (Eligibility of Regular and Reserve Personnel for Separation Pay). b. As a condition of receiving separation pay, a member who enters into an agreement and is qualified to serve must enlist or be appointed in the Ready Reserve. According to the Reserve Component Career Counselor (RCCC) at Fort Hood, the applicant was qualified to serve in the Ready Reserve and he prepared a contract to comply with the law. However, the applicant never cleared the installation or signed the Ready Reserve contract. The RCCC confirmed that he spoke to the applicant and after several months he cancelled the Ready Reserve contract in the Army's Reenlistment, Reclassification and Assignment System. c. The advisory official provided email correspondence from the RCCC, dated 5 December 2016, stating the applicant was qualified to serve in the Ready Reserve and did prepare a contract, but he never cleared Fort Hood. He made numerous phone calls and emails to the applicant advising him he must clear Fort Hood and receive his DD Form 214 and without a DD Form 214 he could not confirm or ship his packet. Subsequently, the RCCC was told to cancel the contract. d. The advisory official also provided a National Guard Bureau Form  600-7-4-R-E (Annex B to DD Form 4 Enlisted Affiliation Bonus Addendum) showing the applicant agreed to affiliate into the Army National Guard with entitlement to an enlisted affiliation bonus on 10 April 2015. 8. A copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comment or a rebuttal. He did not respond. REFERENCES: Title 10, U.S. Code, section 1174 (Separation Pay upon Involuntary Discharge or Release from Active Duty), states in: a. subparagraph (b)(1) (Regular Enlisted Members), 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 the conditions under which the member is discharged do not warrant payment of such pay; b. subparagraph (e)(1)(A) (Requirement for Service in Ready Reserve), as a condition of receiving separation pay under this section, a person otherwise eligible for that pay shall be required to enter into a written agreement with the Secretary concerned to serve in the Ready Reserve of a Reserve Component for a period of not less than 3 years following the person's discharge or release from active duty; and c. subparagraph (e)(1)(B), each person who enters into an agreement referred to in subparagraph (A) who is not already a Reserve of an Armed Force and who is qualified shall, upon such person’s discharge or release from active duty, be enlisted or appointed, as appropriate, as a Reserve and be transferred to a Reserve Component. DISCUSSION: 1. The applicant was honorably discharged on 14 July 2015 for completion of required active duty service. His DD Form 214 states he failed to fulfill a Reserve Component enlistment prior to transitioning from active duty in order to receive separation pay. 2. He contends his DD Form 214 should be corrected to show entitlement to separation pay because he has orders and a Reserve contract authorizing him full separation pay. 3. As a condition of receiving separation pay, a member who enters into an agreement and is qualified to serve must enlist or be appointed in the Ready Reserve. 4. The evidence of record shows he was qualified to serve in the Ready Reserve and he prepared a contract, but he never cleared the installation at Fort Hood or signed the Ready Reserve contract. As a result, his contract was cancelled. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150019240 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150019240 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2