IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20160010725 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: 19 September 2018 DOCKET NUMBER: AR20160010725 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 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 * 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. IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20160010725 THE BOARD CONSIDERED THE FOLLOWING 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. He was not able to complete the DA Form 4187 (Personnel Action) prior to his release from active duty. 3.  The applicant provides – * Orders 014-0005 dated 14 January 2016 * DD Form 214 (Certificate of Release or Discharge from Active Duty) CONSIDERATION OF EVIDENCE: 1.  On 9 September 2004 the applicant enlisted in the Regular Army. He served through multiple extensions/reenlistments. 2.  On 14 January 2016, the Third Infantry Division and Fort Stewart, Fort Stewart, GA, published orders discharging the applicant from the Regular Army effective 7 April 2016. These orders did authorize entitlement to half separation pay in accordance with Title 10, U.S. Code, section 1174. 3.  On 7 April 2016 the applicant was discharged in the rank of specialist, pay grade E-4. He was issued a DD Form 214 that did not authorize him entitlement to separation pay. He had served 11 years, 6 months and 1 day. 4.  On 12 April 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 he signed a valid service agreement prior to separating from active duty and then approval of entitlement to half separation pay. a. The Office of the Deputy Chief of Staff, G-1, acknowledged the applicant is entitled to 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 his separation from active duty. Consequently, the Defense Finance and Accounting Service (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 RR [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 mandates 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, his DD Form 214 was amended with publication of a DD Form 215 (Correction to DD Form 214) showing he is entitled to separation pay in the amount of $14,365.80 as allowed by law. 5.  The applicant was provided a copy of the advisory opinion for review and comment. He 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 specialists to 8 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." 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. ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160010725 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160010725 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2