BOARD DATE: 29 June 2017 DOCKET NUMBER: AR20160002281 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: AR20160002281 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 he is authorized involuntary separation pay and paying him said separation pay as allowed by law. _____________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: AR20160002281 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 he did not receive separation pay when he was involuntarily discharged from the Army though his orders said he was entitled to this pay. 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 7 October 2015, the applicant signed a DA Form 4187 agreeing to a Reserve service agreement for not less than 3 years post his discharge from the Regular Army. This document was signed prior to his date of discharge. 2.  On 12 December 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 show he was entitled to involuntary separation pay in accordance with Title 10, U.S. Code, section 1174. His DD Form 214 shows "MEMBER IS ENTITLED TO HALF SEPARATION PAY"; however, this form also incorrectly shows "SEPARATION PAY -- $0.00." 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 records to show entitlement to separation pay. The Army Board for Correction of Military Records should also direct the Defense Finance and Accounting Service (DFAS) to disburse payment. 4.  The opinion states the applicant failed to clear his duty installation; therefore, DFAS was not in receipt of his separation pay packet to make a proper payment upon his release from active duty. In conjunction with the advisory opinion, the applicant was issued a DD Form 215 (Correction to DD Form 214), dated 13 April 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 did not properly out-process from his active duty installation; therefore, DFAS was not able to pay him his involuntary separation pay. The applicant and a Reserve Component Career Counselor completed a military service agreement (DA Form 4187) prior to his discharge to allow for the immediate start of a 3-year obligation in the Ready Reserve. A DD Form 215 was issued showing his amount of separation pay. To comply with the law, it appears appropriate to pay the applicant his authorized involuntary 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) AR20160002281 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002281 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2