IN THE CASE OF: BOARD DATE: 3 August 2020 DOCKET NUMBER: AR20170003919 APPLICANT REQUESTS: entitlement to separation pay. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * online Application for Correction of Military Record * Central Issuing Facility (CIF) clearance record * Personnel Action * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Separation Orders FACTS: 1. The applicate states he was separated under the provisions of the Qualitative Management Program (QMP) which entitled him to half separation pay equaling more than $17,000 upon his separation. His separation pay was held due to his inability to clear CIF at the time. He was separated from Korea and the items that were needed to clear were in a storage facility in the United States. He was informed once he got his items and cleared CIF, he would receive his separation pay. There was some delay in turning in the item because he was not going to have his storage items delivered to him until he settled in one location. Once his household good were delivered to South Carolina, he took the missing items to CIF at Fort Jackson and cleared the items on his record. He submitted the documents to the Finance at Camp Casey, Korea through his wife to have the items returned. He was told he had to go to the Board to get his pay. 2. The applicant’s available service records contain the following documents for the Board's consideration: a. Orders 299-0002, published by US Army Installation Management Command, dated 26 October 2015, which discharge the applicant from the Army effective 1 November 2015. The orders state he is entitled to one-half separation pay. b. His DD Form 214, which shows the applicant was discharged on 1 November 2015 for non-retention on active duty. His separation pay was $35,434.80. He was not transferred to a US Army Reserve Control Group. c. The applicant's service record is void of any information regarding his pay or whether he received separation pay. 3. The applicant provides the following documents for the Board's consideration: a. His CIF record which states he cleared CIF at Fort Jackson on 21 November 2016. b. A DA Form 4187 (Personnel Action), dated 6 November 2015, which states in order for him to receive separation pay he agreed to serve in the Ready Reserve of a Reserve component of the Armed Forces for a period of not less than 3 years following his separation from active duty. c. His DD Form 214, which was contained in his service record. d. His separation orders, which were contained in his service record. 4. The analyst of record contacted the Defense Finance and Accounting Service (DFAS) on 24 July 2020 requesting information on the applicant's separation pay. DFAS responded on 28 July 2020 and stated a review of the applicant's Master Military Pay Accounts did not show the applicant received separation pay. 5. See applicable guidance under REFERENCES below. BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board found that full relief was warranted. The Board found that the applicant was ineligible to serve in the IRR because he was discharged under the QMP and not eligible to reenlist, therefore the requirement to serve in the IRR was waived. The Board further found that the applicant turned in his CIF at Fort Jackson. Therefore the Board found that the applicant should be entitled to half his separation pay, as noted on his DD Form 214 and orders 299-0002, dated 26 October 2015. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. 1. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant is entitled to receive half Separation Pay. 2. DFAS paying him appropriate separation pay in accordance with the aforementioned corrections minus any payments already issued. 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: 1. Title 10 USC 1174 (Separation Pay upon Involuntary Discharge or Release from Active Duty) states that an enlisted 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 6 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. A member of an armed force other than a regular member who is discharged or released from active duty and who has completed six or more, but fewer than 20, years of active service immediately before that discharge or release is entitled to separation pay as determined by the Secretary concerned, if the member’s discharge or release from active duty is involuntary. Separation pay of an enlisted member shall be the amount of separation pay which may be paid to a member under this section is 10 percent of the product of her years of active service, and 12 times the monthly basic pay to which he was entitled at the time of his discharge or release from active duty; or one- half of the amount computed. As a condition of receiving separation pay under this section, a person otherwise eligible for that pay shall be required to enter into a written agreement with the Secretary concerned to serve in the Ready Reserve of a reserve component for a period of not less than three years following the person’s discharge or release from active duty. If the person has a service obligation that is not completed at the time the person is discharged or released from active duty, the three-year obligation under this subsection shall begin on the day after the date on which the person completes the person’s obligation under such section or other provision of law. Each person who enters into an agreement who is not already a Reserve of an armed force and who is qualified shall, upon such person’s discharge or release from active duty, be enlisted or appointed, as appropriate, as a Reserve and be transferred to a reserve component. A member who is discharged or released from active duty is not eligible for separation pay under this section if the member is discharged or released from active duty at his request; during an initial term of enlistment or an initial period of obligated service, unless the member is an officer discharged or is released from active duty for training or upon discharge or release from active duty, is immediately eligible for retired or retainer pay based on his military service. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170003919 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1