BOARD DATE: 13 July 2017 DOCKET NUMBER: AR20160001878 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: AR20160001878 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 the applicant's DA Form 4187 (Personnel Action) to a date prior to his date of discharge * amending the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) and appropriate orders to show entitlement to separation pay, if applicable * disbursing separation pay authorized 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: 13 July 2017 DOCKET NUMBER: AR20160001878 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 payment of involuntary separation pay. 2.  The applicant states he did not receive involuntary separation pay because the Fort Stewart, GA, Finance Office misplaced his original DA Form 4187 (Personnel Action) and as it was not included in the separation packet sent to the Defense Finance and Accounting Service (DFAS) so he was not paid. A verified replacement document was filed on 1 October 2015 (after his date of discharge). 3.  The applicant provides: * separation orders * DA Form 4187 (recreated and resigned on 1 October 2015) * DFAS Military Pay E-Message 13-093 CONSIDERATION OF EVIDENCE: 1.  The applicant served in the Regular Army from 23 July 2003 to 1 September 2015 when he was involuntarily discharged. 2.  His separation orders show he was authorized half separation pay in accordance with Title 10, U.S. Code, section 1174 (Separation Pay upon Involuntary Discharge or Release from Active Duty). Item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the entries "Separation Pay – $28,662.15" and "Member is entitled to half separation pay." 3.  In support of his application, he submitted a verified DA Form 4187, dated 1 October 2015, showing he agreed to serve in the Ready Reserve for a period of not less than 3 years following his separation from active duty. Section IV (Remarks) specified: a.  if he were qualified for the Ready Reserve, he would be enlisted the day following his separation from active duty; b.  if he had a remaining service obligation upon separation, the 3-year period would begin upon completion of the existing obligation; c.  if he were not qualified to enlist in the Ready Reserve, he would be considered to have met this condition for the purpose of eligibility for separation pay; and d.  "SM [SERVICE MEMBER] IS NOT ELIGIBLE TO ENLIST IN A RESERVE COMPONENT FOR THE REQUIRED PERIOD OF TIME." 4.  He also submitted Military Pay E-Message 13-093 from DFAS stating his separation date was past and as there was no written agreement showing he agreed to serve in the Ready Reserve, disbursement of separation pay was not authorized. 5.  An advisory opinion was obtained from the Department of the Army Office of the Deputy Chief of Staff, G-1, dated 16 November 2016, recommending correction of the applicant's records to show he signed a valid military service agreement prior to his date of separation. Specifically, the Chief, Compensation and Entitlements Division, G-1, recommended: a.  correcting the records to show the applicant signed a valid military service agreement prior to separating from active duty; b.  correcting his separation documents to reflect entitlement to separation pay, if applicable; and c.  authorizing DFAS to disburse the applicant's separation pay. 6.  The advisory opinion was forwarded to the applicant for his consideration. He did not respond. REFERENCES: Title 10, U.S. Code, section?1174, provides that a Regular enlisted member of an Armed Force who is discharged involuntarily or as the result of denial of the reenlistment of the member and who has completed 6 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 the conditions under which the member is discharged do not warrant payment of such pay. It also states that enlisted members 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: 1.  The applicant contends he completed a military service agreement (DA Form 4187) prior to separating from the Regular Army; however, it was misplaced. 2.  The applicant's separation orders and DD Form 214 correctly show he is authorized involuntary separation pay by law. 3. Based on information provided by the Office of the Deputy Chief of Staff, G-1, the applicant should be afforded an opportunity to have the date of his military service agreement (DA Form 4187) adjusted to a date prior to his date of discharge allowing for the immediate start of a 3-year obligation in the Ready Reserve and subsequent payment of 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) AR20160001878 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001878 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2