ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE: 30 September 2019 
DOCKET NUMBER: AR20170009328

APPLICANT REQUESTS: the language regarding entitlement to separation pay be 
removed from her DD Form 214 (Certificate of Release or Discharge from Active 
Duty).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DA Form 4187 (Personnel Action) dated 14 October 2015
*	DD Form 214 
FACTS:
1.	The applicant did not file within the three year time frame provided in Title 10, 
United States Code (USC), section 1552(b); however, the Army Board for Correction 
of Military Records (ABCMR) conducted a substantive review of this case and 
determined it is in the interest of justice to excuse the applicant's failure to timely file.

2.	The applicant states her DD Form 214 indicated she received separation pay and 
that she was eligible for such pay. Although she was eligible with a reenlistment in 
the Reserves, she elected to not reenlist or receive the separation pay because she 
had fulfilled her full 8 years of active duty obligation. She reached her retention 
control point prior to the completion of her 8 years and chose not to reenlist which 
subsequently made her ineligible for the separation pay. Department of Veterans 
Affairs (VA) is now claiming she received this pay because it is annotated on her DD 
Form 214. She is requesting the language be removed from her DD Form 214 to be 
eligible for full compensation from the VA.

3.	The applicant provides the DA Form 4187 she signed on 14 October 2015, which 
provides the terms for receiving separation pay. In order to receive separation pay, 
the applicant would have had to serve in the Ready Reserve or a Reserve 
component for the Armed Forces for a period of not less than 3 years following her 
separation from active duty.



4.	A review of the applicant’s service record show:

   a.	She enlisted in the Regular Army on 2 April 2008.

b.	She served in Afghanistan from 1 June 2010 to 11 July 2010.

   c.	A corrected copy of Order 292-0004, dated 19 October 2015, detailed her 
discharge date as 3 April 2016 and further noted she was not entitled to separation 
pay in accordance with 10 United States Code 1174.

   d.	On 3 April 2016, she was honorably discharged from active duty. Her DD 
Form 214 shows she completed 8 years of active service. Block 18 (Remarks) 
includes the language “Separation Pay -- $23840.64… member is entitled to full 
separation pay.”

5.	By regulation, the DD Form 214 is a summary of the Soldier's most recent period 
of continuous active duty. It provides a brief, clear-cut record of all current active, 
prior active, and prior inactive duty service at the time of release from active duty, 
retirement, or discharge. The information entered thereon reflects the conditions as 
they existed at the time of separation.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief 
was not warranted. Based upon the applicant's record showing that an amended 
order was issued prior to her separation stating she was not entitled to separation 
pay, the Board agreed there is sufficient evidence to grant relief.

BOARD VOTE:

Mbr 1
Mbr 2
Mbr 3

X
X
X
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. As a result, the Board recommends that all 
Department of Army records of the individual concerned be corrected by 
amending the applicant’s DD Form 214 by:

1)	removing the language, "Separation pay -- $23840.64"
2)	changing "Member is entitled to full separation pay" to "Member is 
entitled to no separation pay


12/3/2019

 X	
CHAIRPERSON
Signed  by:  

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, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or 
injustice. This provision of law also allows the ABCMR to excuse an applicant's 
failure to timely file within the three-year statute of limitations if the ABCMR 
determines it would be in the interest of justice to do so.

2.	Army Regulation 635-8 (Separation Processing and Documents) states the DD 
Form 214 is a summary of the Soldier's most recent period of continuous active duty. 
It provides a brief, clear-cut record of all current active, prior active, and prior inactive 
duty service at the time of release from active duty, retirement, or discharge. The 
information entered thereon reflects the conditions as they existed at the time of 
separation.

NOTHING FOLLOWS