ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 February 2020 DOCKET NUMBER: AR20180014187 APPLICANT REQUESTS: Receive separation pay. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self Authored Letter, dated 7 February 2018 * DA Form 4187 (Personnel Action) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Orders 297-0612 * Email Correspondence FACTS: 1. The applicant states a DA Form 4187 required by finance personnel at his time of separation from the Reserve Component Career Counselor was dated past his separation date of 1 November 2017 with a date of 17 November 2017. The finance personnel reassured him clearing past his actual date of separation would have no effect on him receiving separation pay. He explained clearing the Central Issue Facility was the reason he was clearing past his separation date. He states the finance personnel were supportive in helping him clear as quickly as possible. Before clearing finance personnel reviewed his records to ensure everything was in order to receive his final payments including separation pay. After three weeks passed and he did not receive a payment, he contacted finance and was told the date on his DA 4187 from the Reserve Counselor was past the date of his separation. He was instructed to contact ABCMR. 2. The applicant provided the following documents in support of his request: a. DA Form 4187 (Personnel Action) – dated 17 November 2017 signed by the applicant, shows in order to receive separation pay, he agrees to serve in the Ready Reserve (RR) of a reserve component (RC) of the Armed Forces for a period of not less than 3 years following his separation from Active Duty. An authorized representative verified the personnel action and signed the form and dated it 17 November 2017. b. Orders 297-0612, dated 24 October 2017, published by the Headquarters 101st Airborne Division (Air Assault) and Fort Campbell – shows the applicant is separated 1 November 2017 and is entitled to half separation pay IAW 10 USC 1174. It further states in accordance with 10 USC 1174 and DODI 1332.29, the total amount (gross) of separation pay will be recouped from each payment of retired or retainer pay and in certain cases Veterans Affairs disability until the total amount deducted is equal to the total amount of separation pay received. Member is entitled to half separation pay IAW USC 1174. c. DD Form 214 (Certificate of Release or Discharge from Active Duty) – shows he was honorably discharged on 1 November 2017 and is in entitled to separation pay in the amount of $17,706.15. d. Email Correspondence – shows the applicant working with Defense Finance and Accounting Service (DFAS) and Reserve counselor to resolve the issue of the DD Form 4187 being dated after his separation date. 3. A review of the applicant records show: * 13 January 2009 – he enlisted in the Regular Army (RA) for six years * 29 January 2015 – he reenlisted in the RA * 24 October 2017 – he received discharge orders effective 1 November 2017 * 1 November 2017 – he received an honorable discharge from RA, narrative reason for separation “Non-Retention on Active Duty” * 17 November 2017 – received DA Form 4187 showing his military service agreement to RR 4. On 27 August 2019, the Office of the Deputy Chief of Staff G-1, reviewed the applicant's records and rendered an advisory opinion in his case. After a thorough review, the Chief of Compensation and Entitlement Division opined that the applicant is entitled to Involuntary Separation Pay. The advisory shows the following: a. Recommend the applicant’s records be corrected to show a signed valid service agreement prior to his separation from active duty. b. Recommend the Board approve the applicant’s entitlement to separation pay and authorize DFAS to disburse the payment. c. The applicant was separated under the Qualitative Management Program and there is no clear reason why the applicant was unable to sign a Ready Reserve agreement prior to separation from active duty. d. DFAS directed its military pay offices to stop payment to soldiers when the request for separation pay was not accompanied by a written agreement to serve a minimum of three years in the Ready Reserve (RR). e. Since the applicant is not currently serving in an obligation in the RC, which would have begun immediately following discharge from active duty, law and policy prohibits the Army from entering the applicant into RR service agreement for the purpose of separation pay. f. Applicant must be aware that if the Board approves his requested relief, and he later qualifies for VA disability compensation or retired pay, he is subject to recoupment of the gross amount of the ISP. 5. The applicant was provided with a copy of this advisory opinion to give him an opportunity to respond and/or submit a rebuttal. He did not respond. 6. See applicable references below. BOARD DISCUSSION: After reviewing the application, the supporting documents, the records, applicable regulations, and the facts above, the Board found that relief is warranted as recommended in the Board Determination and Recommendation below. 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 that the evidence presented was 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 that: a. The applicant signed a valid service agreement prior to separating from active duty. b. Pay him that separation pay in the amount of $17,706.15 subject to the provisions of 10 USC 1174 and DODI 1332.29. 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: Department of Defense Instructions 1332.29 (Involuntary Separation Pay (Non- Disability) paragraph 3.1 states a member is entitled to full separation pay when the following five criteria are met: * the member has completed at least 6 years, but fewer than 20 years of active duty * separation is characterized as honorable * the member is being involuntarily separated by the military service concerned through their denial of reenlistment or the denial of continuation on active duty * the member has entered into a written agreement with the military service concerned to serve in the Ready Reserve of a Reserve component for a period of not less than 3 years * the member has signed the mandatory disclosure statement pertaining to military retired or retainer pay //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180014187 4 1