BOARD DATE: 2 August 2016 DOCKET NUMBER: AR20160012189 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: 2 August 2016 DOCKET NUMBER: AR20160012189 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 the applicant executed her Military Service Agreement, in the form of a DA Form 4187, on 8 June 2016, committing to 3 years of service in the Ready Reserve and paying her separation pay she is due 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: 2 August 2016 DOCKET NUMBER: AR20160012189 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 full separation pay. 2. The applicant states she was discharged from active duty on 8 June 2016 due to exceeding her retention control point. a. She signed her DD Form 214 (Certificate of Release or Discharge from Active Duty) on 28 March 2016. This form contained incorrect code in item 28 (Separation Code). It showed "KBK" when it should have been "JBK." The DD Form 214 has been updated on 16 May 2016 with the correct code, which would authorize her to receive full separation pay in the amount of $40,727.76. b. The Fort Bliss Transition Center did not send the correct and updated DD Form 214 that was signed on 16 May 2016 to the finance office in a timely manner. It was suggested by the Transition Center for the local finance office to do a "VOCO" to release her full separation pay in the amount of $40,727.26. This would include obtaining a memorandum from the Commanding General, Fort Bliss, TX, to sign a letter for local approval, which would in turn allow the funds to be released. 3. The applicant provides: * DD Form 214, issued on 28 March 2016 * memorandum, subject: Voiding DD Form 214 for [Applicant] * Separation orders * DD Form 214, issued on 16 May 2016 * DA Form 4187 (Personnel Action) * Separation payment computation sheet * military identification card * driver license CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 3 October 2002 and held military occupational specialty 42A (Human Resources Specialist). 2. She served through multiple reenlistments in a variety of assignments and she was promoted to sergeant/E-5 in January 2009. She was assigned to the 1st Sustainment Brigade, 1st Armored Division, Fort Bliss, TX. 3. On 23 November 2015, she accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice for multiple violations. Her punishment consisted of a reduction to specialist (SPC)/E-4 and a forfeiture of pay. 4. On 29 February 2016, after having exceeded her retention control point for her rank and grade, Headquarters, U.S. Army Garrison, Fort Bliss, TX, published Orders 060-0031 reassigning her to the Transition Center for separation out-processing effective 8 June 2016. These orders did not initially include any instructions related to separation pay. 5. On 16 March 2016, the applicant began out processing and she was issued a DD Form 214 that was date-stamped on 26 April 2016. This DD Form 214 listed the entry "KBK" in item 26 (Separation Code) and did not include any information about separation pay. 6. On 16 May 2016, when the separation pay issue surfaced, the Fort Bliss Transition Center: a. Issued a corrected copy of the applicant's separation orders (Orders 060-0031, also dated 29 February 2016); the orders stated "Soldier is entitled to full separation pay [in accordance with Title 10, U.S. Code, section 1174]" and "total [active Federal service] for separation pay purposes: 13 years, 8 months, 6 days." b. Issued a new DD Form 214 that was signed on 16 May 2016. This DD Form 214 listed the entry "JBK" in item 26 (Separation Code) and contained the statement "Separation Pay -- 40,727.76." 7. The applicant was honorably discharged on 8 June 2016 under the provisions of chapter 4 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) due to completion of her required service. 8. On 5 July 2016, the Installation Adjutant General, Headquarters, Fort Bliss, issued a memorandum requesting the DD Form 214 that was issued to the applicant on 28 March 2016 be voided. 9. Also on 5 July 2016, the applicant completed a DD Form 4187, executing her Military Service Agreement as it relates to separation pay. The form was approved by her (former) commander, also on 5 July 2016. She acknowledged: * in order to receive separation pay, she agreed to serve in the Ready Reserve of a Reserve Component of the Armed Forces for a period of not less than 3 years following her separation from active duty * if qualified for the Ready Reserve, upon separation from active duty, she would be enlisted or appointed as a Reserve member by the military department concerned * if she had a service obligation that was not completed at the time of her separation from active duty, the 3-year Ready Reserve obligation must begin on the day after the day on which she completed her existing obligation * this document would not become a written agreement for the purpose of eligibility for separation pay according to Title 10, U.S. Code, section 1174 and DOD Instruction 1332.29, paragraph 3.1.4, unless it was endorsed by a Ready Reserve career counselor or other official authorized to contract the Soldier into the Ready Reserve, certifying that she was eligible for such service REFERENCES: Title 10, U.S. Code, section 1174, provides for separation pay upon involuntary discharge or release from active duty. a. Sub-paragraph (b) states, 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 six or more, but less than 20, years of active service immediately before that discharge is entitled to separation pay computed under subsection (d) unless the Secretary concerned determines that the conditions under which the member is discharged do not warrant payment of such pay. Separation pay of an enlisted member shall be computed under paragraph (1) of subsection (d), except that such pay shall be computed under paragraph (2) of such subsection in the case of a member who is discharged under criteria prescribed by the Secretary of Defense. b. Sub-paragraph (e), Requirement for Service in Ready Reserve; Exceptions To Eligibility, states in: (1) 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 three years following the person’s discharge or release from active duty. If the person has a service obligation under section 651 of this title or under any other provision of law that is not completed at the time the person is discharged or released from active duty, the three-year obligation under this subsection shall begin on the day after the date on which the person completes the person’s obligation under such section or other provision of law. (2) 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 exceeded retention control points for the grade she held, due to her reduction via NJP. She was involuntarily discharged from active duty. Unfortunately, neither her separation orders nor her DD Form 214 authorized her separation pay. 2. In an effort to resolve the issue, installation officials corrected her discharge orders, and voided her DD Form 214 and reissued a new one, which authorized her separation pay. However, these efforts failed again because she had not executed the required written agreement to serve in the Ready Reserve of a reserve component for a period of not less than three years. 3. The applicant should not suffer due to the administrative errors committed by her installation officials. An appropriate remedy would be a correction of the DA Form 4187 she executed on 5 July 2016 to show it was executed on 8 June 2016. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012189 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012189 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2