BOARD DATE: 29 June 2017 DOCKET NUMBER: AR20160013884 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: AR20160013884 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 and his Ready Reserve Career Counselor completed a military service agreement to serve in the Ready Reserve for a period of 3 years prior to his date of discharge as evidenced by his DA Form 5691-R, dated 21 May 2013 * 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: AR20160013884 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 the 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 at his retention control point. 3.  The applicant provides his DA Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), DA Form 5691-R (Request for Reserve Component Assignment Orders), separation orders, and DD Form 214 (Certificate of Release or Discharge from Active Duty). CONSIDERATION OF EVIDENCE: 1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2.  On 4 February 2004, the applicant enlisted in the Regular Army. He served through multiple extensions/reenlistments. 3.  On 21 May 2013, the applicant and his Ready Reserve Career Counselor completed and signed DA Form 5691 wherein he indicated he would enlist for 3 years in a troop program unit of the U.S. Army Reserve (USAR) for an affiliation bonus. He then signed a DD Form 4 enlisting in the USAR for 3 years. The applicant did not sign a DA Form 4187 (Personnel Action) agreeing to a Reserve service agreement for not less than 3 years prior to being discharged. 4.  On 23 May 2013, the U.S. Army Garrison Fort Detrick Army Element published orders releasing the applicant from active duty and assigning him to a USAR troop program unit. His effective date of release from active duty was 31 May 2013 and his reassignment to the USAR was effective 1 June 2013 with no break in service. These orders did not authorize entitlement to separation pay. 5.  On 31 May 2013, the applicant was discharged. He was issued a DD Form 214 that did not authorize entitlement to separation pay. 6.  On 27 February 2017, an advisory opinion received from the Department of the Army Office of the Deputy Chief of Staff, G-1, recommended the applicant's records be corrected to show he signed a valid service agreement prior to separating from active duty and then approval of entitlement to separation pay. The Office of the Deputy Chief of Staff, G-1, acknowledged the applicant enlisted in the USAR upon his immediate release from active duty. However, without a separate signed agreement (not enlistment contract), the Defense Finance and Accounting Service (DFAS) would not pay him separation pay. With this correction, DFAS should be notified to pay him his authorized separation pay. 7.  In February 2017 concurrent with the advisory opinion, the Office of the Deputy Chief of Staff, G-1, amended the applicant's separation orders to show he is entitled to separation pay in accordance with Title 10, U.S. Code, section 1174 (Separation pay upon involuntary discharge or release from active duty). His DD Form 214 was also amended to show he is entitled to separation pay as allowed by law. 8.  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, 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: The applicant is serving as a member of the USAR in a troop program unit and signed a 3-year USAR enlistment contract prior to his release from active duty in 2013. 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 payment of involuntary separation pay. In February 2017, his separation orders and DD Form 214 were corrected to show entitlement to separation pay as authorized by law. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013884 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013884 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2