BOARD DATE: 13 July 2017 DOCKET NUMBER: AR20160002865 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: AR20160002865 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 November 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: AR20160002865 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 he was discharged from the Army. When he out-processed, he had the wrong information. On 22 November 2015, he completed a DA Form 4187 (Personnel Action), which was after his date of separation. 3.  The applicant provides: * Orders C-08-513045, dated 27 August 2015 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DA Form 4187, dated 22 November 2015 CONSIDERATION OF EVIDENCE: 1.  On 7 June 2010, the applicant entered active duty in an Active Guard Reserve status as a member of the U.S. Army Reserve. 2.  On 27 August 2015, U.S. Army Human Resources Command published orders releasing the applicant from active duty. His effective date of release from active duty was 1 November 2015. These orders do not authorize entitlement to separation pay in accordance with Title 10, U.S. Code, section 1174. 3.  On 1 November 2015, the applicant was involuntarily discharged from the Active Guard Reserve Program. He was issued a DD Form 214 that does not show entitlement to separation pay. 4.  On 22 November 2015, the applicant and his Reserve Component Career Counselor completed a military service agreement (DA Form 4187), wherein the applicant agreed to serve in the Ready Reserve for a period of 3 years. 5.  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. 6.  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 his entitlement to separation pay. The Army Board for Correction of Military Records should also authorize the Defense Finance and Accounting Service to disburse payment. 7.  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 his separation from active duty. A DD Form 215 (Correction to DD Form 214) was issued correcting the applicant’s DD Form 214 to show entitlement to half separation pay in the amount of $17,980.06. 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(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 service 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) AR20160002865 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002865 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2