BOARD DATE: 17 April 2018 DOCKET NUMBER: AR20160007034 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :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: 17 April 2018 DOCKET NUMBER: AR20160007034 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, in effect, correction of his records to show his entitlement to separation. 2. The applicant states he would like his record corrected to show he never received severance pay. His unit did not clear him from the installation because he did not receive clearance paperwork in time. He was never informed that his unit failed to clear him. This error resulted in him having to pay the Department of Veteran Affairs (VA) back for severance pay he never received. 3. The applicant provides: * Orders 158-005, dated 6 June 2012 * Orders 236-0001, dated 23 August 2012 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * VA benefit award letter, dated 17 March 2016 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 2 January 2003 and served through a series of reenlistments of extensions. His last duty station was in Germany. 2. On 6 June 2012, the Installation Management Command – Europe, Kaiserslautern Transition Center, published orders discharging the applicant from the Regular Army with an effective date of 10 November 2012. The additional instructions within this order state he is entitled to one-half separation pay in accordance with Title 10, U.S. Code, section 1174. Further it states, "If you are entitled to separation pay, you must return a DA Form 7154-R (Agreement to Join the Ready Reserve) to the Transition Center prior to your final out- processing appointment… You must schedule an appointment with the Reserve Component Career Counselor… 120 days prior to your ETS [expiration of term of service]." 3. On 23 August 2012 Installation Management Command – Europe, Kaiserslautern Transition Center, published orders amending the applicant’s separation orders by authorizing him 65 days of transition leave with an availability date of 7 September 2012. 4. On 5 September 2012, the applicant and a government official signed his DD Form 214, which was prepared prior to starting his transition leave. His separation date is shown as 10 November 2012. He had completed 9 years, 10 months and 9 days of honorable active service. He had no Reserve obligation termination date and he was authorized separation pay in the amount of $13,942.29. 5. The applicant provided a letter from the VA, dated 17 March 2016, which shows his separation pay was being recouped by the VA and he was receiving prorated VA compensation. 6. An advisory opinion was obtained from the Department of the Army Office of the Deputy Chief of Staff, G-1, wherein the advisory official recommended the applicant's records be corrected to show he signed a valid service agreement prior to separating from active duty and then approving entitlement to separation pay. a. In coordination with the Defense Finance and Accounting Service (DFAS), the applicant is entitled to half separation pay in accordance with Title 10, U.S. Code, section 1174. The amount annotated on his DD Form 214 is correct. b. 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 his separation from active duty. Consequently, DFAS would not issue him separation pay. The opinion states, "Since the applicant is not currently serving an obligation in the reserve component, which would have begun immediately following discharge from active duty, law and policy prohibit the Army from entering the applicant into a [Ready Reserve] service agreement for the purpose of separation pay." c. The VA began withholding the applicant's disability compensation (though he never received it), until they recouped the gross amount of separation pay listed on his DD Form 214. 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: The Office of the Deputy Chief of Staff, G1, recommended correction of the applicant's record to show he signed a valid service agreement with the ready reserve because 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. If this correction were made the applicant would be able to retain his separation pay. BOARD DATE: 17 April 2018 DOCKET NUMBER: AR20160007034 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 timely completed a military service agreement to serve in the Ready Reserve for a period not less than 3 years * paying him separation pay in the amount as shown on his 2012 DD Form 214 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160007034 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007034 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2