BOARD DATE: 25 January 2018 DOCKET NUMBER: AR20160005109 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: 25 January 2018 DOCKET NUMBER: AR20160005109 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 he and his Ready Reserve Career Counselor completed a military service agreement to serve in the Ready Reserve for a period of 3 years prior to his date of discharge * showing he 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. BOARD DATE: 25 January 2018 DOCKET NUMBER: AR20160005109 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 due to a missing DA Form 4187 (Personnel Action) showing he continued his service in the Reserve Component. 3.  The applicant provides: * Orders 223-0002, dated 11 August 2015 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DA Form 4187, dated 18 February 2015 CONSIDERATION OF EVIDENCE: 1.  On 20 September 2007 the applicant enlisted in the Regular Army. 2.  On 11 August 2015, U.S. Army Garrison – Fort Belvoir, VA, published orders discharging the applicant from the Regular Army. His effective date of discharge was no later than 21 August 2015. The additional instructions state the applicant is entitled to one-half separation pay in accordance with Title 10, U.S. Code, section 1174. Further, he would incur a service obligation in addition to any current statutory military service obligation in the Individual Ready Reserve. Lastly, "All Soldiers will be required to contact the Reserve Component Career Counselor within 3 working days upon receipt of orders." 3.  On 18 October 2015, the applicant was involuntarily discharged from the Regular Army. He was issued a DD Form 214 showing entitlement to separation pay. 4.  On 18 February 2016, the applicant and his Reserve Component Career Counselor completed and signed a DA Form 4187 (Personnel Action) military service agreement, wherein the applicant agreed to serve in the Ready Reserve for a period of 3 years following his separation from active duty. 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. Further, the Army Board for Correction of Military Records should also authorize the Defense Finance and Accounting Service to disburse payment. 7.  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 did not complete the required military service agreement prior to his discharge date 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) AR20160005109 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005109 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2