BOARD DATE: 29 June 2017 DOCKET NUMBER: AR20160000139 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: AR20160000139 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 a date prior to his date of discharge * showing he is authorized involuntary separation pay and paying him said separation pay 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. BOARD DATE: 29 June 2017 DOCKET NUMBER: AR20160000139 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 discharged from the 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 November 2015, the applicant was involuntarily discharged from the Regular Army and he did not receive separation pay at that time. The applicant's separation orders did not show he was entitled to one-half involuntary separation pay in accordance with Title 10, U.S. Code, section 1174. 2.  The applicant did not sign a DA Form 4187 agreeing to a Reserve service agreement for not less than 3 years prior to being discharged. However, he did complete a military service agreement (DA Form 4187) on 16 November 2015 (after his date of discharge) which was also signed by his Reserve Component Career Counselor. 3.  An advisory opinion received from the Department of the Army Office of the Deputy Chief of Staff, G-1, recommends correcting the applicant's record to show he signed a valid service agreement prior to separating from active duty and approval of entitlement to separation pay. The Army Board for Correction of Military Records should also direct the Defense Finance and Accounting Service to disburse payment. 4.  The opinion states that due to an administrative error, the Army did not afford the applicant the opportunity to sign a Ready Reserve agreement prior to separation from active duty. In conjunction with this advisory opinion, the applicant's separation orders were revoked and new orders were published showing he is entitled to involuntary separation pay. In addition, a DD Form 215 (Correction to DD Form 214) was issued to the applicant on 28 February 2017 showing the authorized amount of involuntary separation pay. 5.  The applicant was provided a copy of the advisory opinion for review and comment. He did not respond. REFERENCES: 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 AND CONCLUSIONS: 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 prior to his discharge to allow for the immediate start of a 3-year obligation in the Ready Reserve. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000139 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000139 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2