BOARD DATE: 13 July 2017 DOCKET NUMBER: AR20160000568 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: 13 July 2017 DOCKET NUMBER: AR20160000568 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 show he agreed to serve in the Ready Reserve for a period of 3 years prior to his date of discharge from active duty on 1 October 2015 * 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: 13 July 2017 DOCKET NUMBER: AR20160000568 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 discharged from the Army. His orders state he should have received full separation pay entitlements with subsequent enlistment into the Reserve Component upon his discharge from the Regular Army. He did sign a DA Form 4187 (Personnel Action); however, it is dated after his expiration of term of service date so his separation pay was withheld. Regardless of the date on the DA Form 4187, he was discharged and is currently fulfilling a commitment in the Reserve Component. 3.  The applicant provides: * Orders 182-0188, dated 1 July 2015 * DA Form 5691 (Request for Reserve Component Assignment Orders), dated 29 May 2015 * DA Form 5690 (Reserve Component Career Counselor Interview Record), dated 29 May 2015 * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Honorable Discharge Certificate (Regular Army) * DA Form 4187, dated 10 November 2015 CONSIDERATION OF EVIDENCE: 1.  On 30 December 2004, the applicant enlisted in the Regular Army. He served through multiple extensions/reenlistments. 2.  On 29 May 2015, the applicant and his Ready Reserve Career Counselor completed and signed DA Form 5691 wherein he indicated he would enlist for 3 years in the Army National Guard (ARNG). He then signed a DD Form 4 enlisting in the ARNG for a period of 3 years. At the time, the applicant did not sign a DA Form 4187 agreeing to a Reserve service commitment for not less than 3 years prior to being discharged. 3.  On 1 July 2015, Headquarters III Corps and Fort Hood, published orders releasing the applicant from active duty. His effective date of release from active duty was 1 October 2015. These orders authorize him entitlement to full separation pay in accordance with Title 10, U.S. Code, section 1174. 4.  On 1 October 2015, the applicant was involuntarily discharged from the Regular Army. He was issued a DD Form 214 showing entitlement to full separation pay in the amount of $43,405.92. 5.  On 10 November 2015, the applicant and his Reserve Component Career Counselor completed a military service agreement (DA Form 4187) wherein the applicant agreed to serve for in the Ready Reserve for a period of 3 years. 6.  As reported by the applicant and confirmed by the Department of the Army Office of the Deputy Chief of Staff, G-1, he did not receive separation pay upon his discharge from the Regular Army. 7.  An advisory opinion received from the 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 further recommends approval of entitlement to separation pay. Due to an administrative error, the Army did not afford the applicant the opportunity to sign a Ready Reserve agreement prior to his separation from active duty. The Army Board for Correction of Military Records should also authorize the Defense Finance and Accounting Service to disburse payment. 9.  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: The applicant is serving as a member of the ARNG and signed a 3-year ARNG enlistment contract prior to his release from active duty in 2015. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000568 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000568 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2