ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 March 2019 DOCKET NUMBER: AR20160013932 APPLICANT REQUESTS: payment of half separation pay. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Separation orders FACTS: 1. The applicant states half-separation pay was not paid. The Defense Finance and Accounting Service denied his claim due to him falling out of the system. He was denied reenlistment by a commander because of personal issues. 2. Review of the applicant's service record shows: a. He enlisted in the Regular Army on 28 June 2001. He reenlisted for 6 years on 9 September 2005. b. On 26 February 2010, he executed a 4-month extension of his 6-year reenlistment; dated 26 July 2007 (his official record does not contain his 2007 reenlistment contract). He extended to meet the service remaining requirements for an assignment to Hawaii. c. Based on his 4-months extension, his expiration term of service (ETS) date was updated from 26 July 2013 to 25 November 2013. d. U.S. Army Garrison, Hawaii published Orders 253-0015 on 10 September 2013 ordering his honorable discharge effective 25 November 2013. The separation orders are silent with respect to separation pay. e. He was honorably discharged from active duty on 25 November 2013. His DD Form 214 shows: * the authority for separation as Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), chapter 4 * his Separation Code as KBK * his Narrative Reason for Separation as Completion of Required Active Service * his Reentry Code as 3 f. Prior to his discharge from active duty, he requested to enlist in the U.S. Army Reserve (USAR). On 17 September 2013, he executed a 2-year enlistment in the USAR. [He continues to serve in the USAR today]. g. On 2 November 2015, his previous command (Schofield Barracks, HI), requested the U.S. Army Human Resources Command (HRC) amend his DD Form 214 to reflect a different Separation Code and authorization for payment of half-Separation pay (25,865.22). h. On 6 July 2016, HRC issued a DD Form 215 (Correction to DD Form 214) that amended his: * Separation Code from KBK to JGH * Narrative Reason for separation, from Completion of Required Active Service to Non-retention on Active Duty * Soldier is entitled to half-separation pay ($25,865.22) 3. The Army G-1 rendered an advisory opinion on 21 May 2017 in the processing of this case. The advisory official stated: a. After careful review, the Army G-1 determined that the applicant is not entitled to half Involuntary Separation Pay (ISP) in accordance with Title 10, U.S. Code, section 1174, DODI 1332.29 and AR 637-2. There is no documentation to indicate the applicant was involuntarily separated from active duty. b. The applicant separated on 25 November 2013 as a Staff Sergeant (SSG) on a date that coincided with his Expiration Term of Service (ETS) which suggest that the separation was voluntarily. Having over six years of active duty service does not automatically qualifies a Soldier for ISP. c. Additionally, the Separation Code "JGH" listed on the DD Form 215 dated 6 July 2016, reflects a reason for separation as "non-retention on active duty." The separation was not a result of reaching a Retention Control Point (RCP), since the RCP for a Regular Army SSG is 20 years of service. A thorough review of the applicant's official record did not reveal any evidence that the separation from active duty was a result of an elimination initiated by a commander or Headquarters, Department of the Army board action. d. In coordination with the applicant, he was unable to provide any document to support eligibility for ISP and requests to withdraw the ABCMR petition since he was in receipt of 100% VA disability compensation. The Army G-1 recommends that ABCMR direct HRC to void the DD Form 215 that authorized the ISP entitlement. Doing nothing to make the correction, may affect the applicant's VA disability compensation payments once VA is in receipt of the DD Form 215. 4. The applicant was provided with a copy of this advisory opinion to give him a chance to submit a rebuttal. He did not respond. 5. Title 10, U.S. Code, section 1174, states an enlisted member of the Regular Army, who is discharged involuntarily, or as a result of the denial of reenlistment, and who has completed six or more, but less than 20 years of active service immediately before that discharge, is entitled to separation pay. Unless the Secretary concerned determines that the conditions under which the member is discharged do not warrant payment of such pay, separation pay is computed according to certain formula. [10% of the product of years of active service, and 12 times the monthly basic pay to which entitled at the time of his discharge or release from active duty, or one-half of the amount]. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the applicant voluntarily departing military service, he is not entitled to any portion of separation pay. Therefore, the DD Form 215 published on 6 July 2016, was erroneous and the Board recommended that it be voided. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :x :x :x DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is insufficient 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 voiding the DD Form 215 (Correction to DD Form 214), issued by the U.S. Army Human Resources Command on 6 July 2016. 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. REFERENCES: Title 10, U.S. Code, section 1174 - Separation pay upon involuntary discharge or release from active duty. It states in: a. Not applicable (officers). b. Regular Enlisted Members. (1) A regularenlisted member of an armed force who is discharged involuntarily or as the result of the denial of the reenlistment of the member and who has completed six or more, but less than 20, years of active service immediately before that discharge is entitled to separation pay computed under subsection (d) unless the Secretary concerned determines that the conditions under which the member is discharged do not warrant payment of such pay. (2) Separation pay of an enlisted member shall be computed under paragraph (1) of subsection (d), except that such pay shall be computed under paragraph (2) of such subsection in the case of a member who is discharged under criteria prescribed by the Secretary of Defense. c. Not applicable. d. Amount of Separation Pay.—The amount of separation pay which may be paid to a member under this section is— (1) 10 percent of the product of (A) his years of active service, and (B) 12 times the monthly basic pay to which he was entitled at the time of his discharge or release from active duty; or (2) one-half of the amount computed under clause (1). ABCMR Record of Proceedings (cont) AR20160013932 0 4 1