BOARD DATE: 24 January 2020 DOCKET NUMBER: AR20180002747 APPLICANT REQUESTS: Entitlement to separation pay APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self Authored letter * DA Form 4187 (Personnel Action) * Order# 031-0016 * Enlisted Record Brief (ERB) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Memorandum for Record – Timeline for Retention Control Point (RCP) Dismissal FACTS: 1. The applicant states a. The finance office on Fort Stewart denied payment of his separation pay. He served in the Army for 8 years and 4 days. The 4 additional days of service were as a result of his inability to clear the service on time. On 7 February 2018 he was notified by the finance office on Fort Stewart that payment would not be made because his DA Form 4187 was signed a day after he was separated from service. b. On 26 January 2018, he went to see an Army National Guard (ANGR)/Army Reserve (AR) Career Counselor. He was advised that in order to receive separation pay, he would be required to enlist in the Army Ready Reserve for 3 years; however, his ERB reflected that he was in a promotable status which would therefore allow him to reenlist in the Active Component, precluding him from receiving separation pay (8 years of service as a Specialist (SPC/E4). c. Over the next several days, he worked with his career counselor to have this corrected. The counselor submitted a request to have his Immediate Reenlistment Prohibition (IMREPR) code changed to “9G” (Soldier is within 24 months of ETS and exceeds Retention Control Point (RCP) for current Grade). After waiting 24 hours, the change was showing on his ERB; however, his promotable status remained unchanged. d. On 30 January 2018 he made contact with the Human Resources Command who made the necessary change to his ERB concerning his promotable status. e. On 31 January 2018 (the day after separation), he went to the out-processing office and was then advised to obtain a DA Form 4187 from the career counselor stating that he would enlist for no less than 3 years in the Army Ready Reserve.. Accordingly, the form was obtained and dated that day. f. He then returned to the finance office and was advised that all documents were in order. His separation pay was processed and he was under the assumption that all documents were correct. g. On 7 February 2018, he received a call from the finance office informing him that they were unable to process his separation pay due to the DA Form 4187 being signed after he separated from the Army. 2. A review of the applicant’s available service records reflects the following on: * 25 September 2009 – he enlisted in the Army Reserve * 27 January 2010 – he was ordered to active duty * 27 September 2017 (Order# 270-0006) - he was reassigned to the transition point for separation effective 30 January 2018 * 17 January 2018 (Order# 017-0032) – amended Order# 270-0006 to reflect “Soldier is entitled to Full Separation Pay IAW 10 USC 1174 for a period of 8 years and 0 months and 4 days of active duty” * 26 January 2018 (Order# 026-0034) Order 270-0006 was amended to delete the separation entitlement * 31 January 2018 (Order# 031-0015) – Order# 270-0006 was revoked * 31 January 2018 (Order# 031-0016) – he was reassigned to the transition point for separation effective 30 January 2018; additional instructions reflects “Soldier is entitled to Full Separation Pay IAW 10 USC 1174 for a period of 8 years and 0 months and 4 days of active duty” 3. The applicant provides the following a: * DA Form 4187 (Personnel Action) dated 31 January 2018 – reflective of his understanding of the military service agreement requirement for not less than 3 years following separation from active duty; Soldier “is” qualified for enlistment in the Ready Reserve. * Order# 031-0016 dated 31 January 2018 – reflective of his release from active duty effective 30 January 2018 with entitlement to full separation pay * Enlisted Record Brief (ERB) dated 31 January 2018 – reflective of the “9G” reenlistment eligibility code * Enlisted Record Brief (ERB) dated 30 January 2018 – void of a reenlistment eligibility/prohibited code * DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 30 January 2018 – reflective of his separation from active duty and entitlement to $24,926.40 of separation pay * Memorandum for Record – Timeline for RCP Dismissal dated 9 February 2018 – reflective of his commander’s statement in support of the applicant’s presented account of the preceding events that occurred during his separation processing 4. The applicant’s military records do not reflect enlistment in the Army Reserve following his release from active duty. Available records reflect that the applicant is no longer affiliated with the Army. 5. See all applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief is not warranted. There is no evidence that the applicant complied with the conditions to receive the separation pay by enlisting in the Ready Reserve for not less than 3 years after discharge from the Regular Army. If the applicant can provide evidence that he so enlisted, the date on the DA Form 4187 (Personnel Action) dated 31 January 2018 could be corrected to 30 January 2018 to comply with the finance requirements to pay the $24,926.40 of separation pay. 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 evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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 a regular 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 six or more, but less than 20, years of active service immediately before that discharge is entitled to separation pay unless the Secretary of the Army determines that the conditions under which the member is discharged do not warrant payment of such pay. The amount of separation pay which may be paid to a member is 10 percent of the product of his/her years of active service,12 times the monthly basic pay to which he/she was entitled at the time of his/her discharge or release from active duty. 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 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. 2. Department of Defense Instruction (DODI) 1332.29 (Involuntary Separation Pay (Non-Disability) states a Service member being involuntarily separated by the Military Service concerned through either the denial of reenlistment or the denial of continuation on active duty or in an active service who is fully qualified for retention, but is denied reenlistment or continuation by the Military Service concerned is entitled to full separation pay. This includes a Service member who is eligible for promotion as established by the Secretary of the Military Department concerned, but is denied reenlistment or continuation on AD/AS by the Military Service concerned under established promotion or high year of tenure policies. The Service member, having been denied reenlistment or continuation on AD/AS by the Military Service concerned accepts an earlier separation from AD/AS. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180002747 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1