IN THE CASE OF: BOARD DATE: 30 January 2018 DOCKET NUMBER: AR20160003547 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 IN THE CASE OF: BOARD DATE: 30 January 2018 DOCKET NUMBER: AR20160003547 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 she timely completed and submitted a DA Form 4187 (Personnel Action) entering into a written agreement to serve in the Ready Reserve for a period of not less than 3 years * amending her separation orders to show entitlement to involuntary separation pay, if applicable * showing she is authorized involuntary separation pay and paying 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. IN THE CASE OF: BOARD DATE: 30 January 2018 DOCKET NUMBER: AR20160003547 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 her military records to show entitlement to separation pay. 2.  The applicant states she did not receive separation pay when she was discharged from the Army. When she out-processed, she believes she did not receive accurate information. At the time her unit did not have a Retention Noncommissioned Officer (NCO). She approached her unit leadership on multiple occasions asking to clarify if she was required to join the Army National Guard or the U.S. Army Reserves (USAR) to receive separation pay. She was advised she did not have to join any Reserve Component after she separated to get separation pay because she had completed over 14 years of service and had no obligation to continue serving in the Army. 3.  The applicant provides – * Orders 163-0902 dated 12 June 2015 * DD Form 214 (Certificate of Release or Discharge from Active Duty) CONSIDERATION OF EVIDENCE: 1.  On 10 January 2001 the applicant enlisted in the Regular Army. She served through multiple extensions/reenlistments. 2.  On 12 June 2015, the U.S. Army Cyber Center of Excellence and Fort Gordon, Fort Gordon, GA, published orders discharging the applicant from the Regular Army effective 25 November 2015. These orders do not authorize entitlement to separation pay in accordance with Title 10, U.S. Code, section 1174. 3.  On 25 November 2015 the applicant was discharged in the rank of sergeant, pay grade E-5. She was issued a DD Form 214 that did not authorize entitlement to separation pay. She had served 14 years, 10 months and 16 days. 4.  On 9 November 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 she signed a valid service agreement prior to separating from active duty and then approval of entitlement to separation pay. a. The Office of the Deputy Chief of Staff, G-1, acknowledged the applicant is entitled to full separation pay in accordance with Title 10, U.S. Code, section 1174. Due to an administrative error, the Army did not offer the applicant an opportunity to sign a Ready Reserve agreement to serve in the Ready Reserve for 3 years prior to her separation from active duty. Consequently, the Defense Finance and Accounting Service (DFAS) would not issue her separation pay. The opinion states, "Since the applicant is not currently serving an obligation in the Reserve Component, which would have begun immediately following her discharge date; law and policy prohibit the Army from entering the applicant into a Ready Reserve service agreement for the purpose of separation pay." b. The advisory official stated the applicant should be aware that statutes and Department of Defense policy mandate recoupment of involuntary separation pay if the service member is in receipt of disability compensation from the Department of Veterans Affairs or becomes eligible for retired pay at a later date. c. Concurrent with the advisory opinion, her DD Form 214 was amended with publication of a DD Form 215 (Correction to DD Form 214) showing she is entitled to full separation pay in the amount of $55,624.96 as allowed by law. d. Finally, the ABCMR should also authorize payment of separation by DFAS. 5.  The applicant was provided a copy of the advisory opinion for review and comment. She did not respond. REFERENCES: 1. Army Directive 2014-03 (Retention Control Points) stated Soldiers may perform active service up to their retention control points. The directive established the retention control point for sergeants to 14 years active service effective 1 February 2014. 2. 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."1. DISCUSSION: Based on the information provided by the applicant and the Office of the Deputy Chief of Staff, G1, the applicant was not provided the opportunity to complete the proper military service agreement 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) AR20160003547 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003547 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2