ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 9 January 2020 DOCKET NUMBER: AR20190007748 APPLICANT REQUESTS: retroactive entitlement to Separation Pay APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Forms 214 (Certificate of Release or Discharge from Active Duty) * Order# 155-056 * Memorandum for Record (MFR) – Recommendation for Removal from the AGR Program * Order# 333-0001 * Order# 045-0001 * Order# 052-0001 * MFR – Verification of Eligibility for Involuntary Separation Pay (ISP) * DA Form 4187 (Personnel Action) * MFR – Voiding DD Form 214 * MFR – Possible Recoupment of ISP or Disability Severance Pay * MFR – Reserve Component Survivor Benefit Plan (RCSBP) Automatic Election * ISP Calculation Document * Orders# 289-506 and 290-500 * Army National Guard Current Annual Statement * Email Communication * NGB Form 801 (Ready Reserve Agreement to Receive Separation Pay) FACTS: 1. The applicant states in part that she has actively sought entitlement to her separation pay for involuntary separation from active duty without resolution. The response received from her former chain of command stated that since she has already departed the service, the Defense Finance and Accounting Services (DFAS) center advised that she seek the assistance of ARBA. 2. A review of the applicant’s available service records reflects the following on: * 13 February 1998 - she enlisted in the Army National Guard after serving within the United States Marine Corps for 2 months * 20 April 1998 – she was ordered to active duty * 22 September 1998 – she was released from active duty * 10 June 2004 – she was ordered to active duty * 6 September 2004 – she was released from active duty * 29 January 2005 – she was ordered to active duty * 1 May 2009 – she was released from active duty * 23 May 2010 – she was ordered to active duty * 22 October 2017 – her command recommended that she be involuntarily removed for cause from the Active Guard Reserve (AGR) Program effective 12 February 2018 * 12 February 2018 – she was released from active duty and transfer back into the Army National Guard; credited with over 14 years of active service * 1 March 2018 (20 year letter) – eligibility for retired pay at age 60 was obtained * 14 April 2018 (NGB 22) – reflective of her separation from the ARNG and transfer into the IRR; credited with over 20 years of total service for pay 3. The applicant provides the following documents a: * DD Form 214 dated 22 May 2010 – reflective of her release from active duty * Order# 155-056 dated 3 June 2016 – reflective of her being placed on active duty within the Active Guard Reserve from 23 May 2016 through 22 May 2019 * Memorandum for Record (MFR) – Recommendation for Removal from the AGR Program dated 22 October 2017 – reflective of the Adjutant General of Delaware’s recommendation for her involuntary removal for cause from the AGR program effective 12 February 2018 * Order# 333-0001 dated 29 November 2017 – reflective of an amendment to Order# 155-056 wherein the active duty end date was changed from 22 May 2019 to 12 February 2018 and entitlement to ISP effective 12 February 2018 * Order# 045-0001 dated 14 February 2018 – reflective of her release from active duty and the statement of “Soldier is entitled to no separation pay” is included (this order was revoked – see below) * DD Form 214 dated 12 February 2018 – reflective of her separation from active duty for completion of required active service * DD Form 214 dated 12 February 2018 (completed on 27 June 2018) - reflective of her reason for separation being changed to due to non-retention * Order# 052-0001 dated 21 February 2018 – revoking Order# 045-0001 * MFR – Verification of Eligibility for Involuntary Separation Pay (ISP) dated 22 March 2018 – reflective of her request for the approval of her entitlement to ISP in the amount of $67,444.11; indicative of her meeting all of the requirements * DA Form 4187 (Personnel Action) dated 31 May 2018 – reflective of her election to receive ISP * MFR – Voiding DD Form 214 dated 8 June 2018 – reflective of their request for the voiding of the DD Form 214 created on 27 June 2018; previous order was revoked * MFR – Possible Recoupment of ISP or Disability Severance Pay dated 15 June 2018 – reflective of her understanding of the obligation to pay back her received ISP should she later be in receipt of disability payment from the Veterans Affairs * MFR – Reserve Component Survivor Benefit Plan (RCSBP) Automatic Election dated 27 June 2018 – reflective of her automatic enrollment in the Survivor Benefit Plan due to her failure to make an election within 90 days of receipt of the Notification of Eligibility for Retired Pay for Non-Regular Service letter * ISP Calculation Document (no date) – reflective of her entitlement to full separation pay in the amount of $67,444.11 * Order# 289-506 dated 16 October 2018 – reflective of her discharge from the Army National Guard and assignment to the Army Reserve Control Group (IRR) effective 14 April 2018 * Order# 290-500 dated 17 October 2018 – reflective of the amending of Order# 289-506 by changing her Assignment /Loss code to IAW State Laws or Regulations * Army National Guard Current Annual Statement dated 22 March 2018 – reflective of her obtaining over 20 years’ worth of creditable service for retired pay * Email Communication covering the periods of 17 May 2018 through 15 June 2018 – reflective of her communication with her leadership and their continuous effort to resolve her concern with ISP by providing the appropriate documentation and the corrected/amended orders where applicable; the documents in thier entirety are further provided within the supporting documents for the Board’s review * NGB Form 801 (Ready Reserve Agreement to Receive Separation Pay) dated March 2019 – reflective of her understanding of the obligation associated with her agreement to serve in the Reserve Component in order to receive ISP 4. 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief is warranted. A careful review of the evidence indicates that several errors were made concerning providing the applicant with Involuntary Separation Pay (ISP). The Board noted the efforts by her command to provide ISP but without success. In accordance with law, the applicant is entitled to ISP and it should be paid. 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 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 she is authorized Involuntary Separation Pay (ISP) effective 12 February 2018. 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. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20190007748 5 1