BOARD DATE:  29 June 2017

		DOCKET NUMBER:  AR20170005017


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:  AR20170005017


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 
* amending his DD Form 214 (Certificate of Release or Discharge from Active Duty) and appropriate orders to show entitlement to separation pay, if applicable
* showing he is authorized involuntary separation pay and paying him said separation pay as a result of these corrections



                                    _____________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:  AR20170005017


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 2016, the applicant was discharged from the Regular Army and did not receive separation pay at that time.  The applicant's separation orders show he is 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.  He did complete a military service agreement (DA Form 4187) on 9 December 2016.

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 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 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.  A DD Form 215 (Correction to DD Form 214) was issued on 9 May 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 acknowledged receipt of the advisory opinion. 

6.  The applicant provided a copy of his military service agreement showing he agreed to serve in the Ready Reserve for a period of not less than 3 years.

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)	AR20170005017



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20170005017



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2