IN THE CASE OF: BOARD DATE: 11 February 2022 DOCKET NUMBER: AR20210010133 APPLICANT REQUESTS: severance pay for his non-disability separation, due to being involuntary separated on 17 December 1991. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record) • Continuation Sheet for DD Form 149 • DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending on 17 December 1991 • Personal Statement, dated 17 September 2020 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, in effect: a. According to Department of Defense Financial Management Regulation (DODFMR) Volume 7A, Chapter 35, dated June 2010 (Entitlement), beginning on June 20, 1991, full payment of Non-Disability Separation pay had been authorized to military service members of Regular and Reserve Components who have been involuntarily separated from active duty. b. Members must have met all the conditions listed in Chapter 35, and must have met all the conditions for severance pay upon discharge from active service. He requested several times to receive this severance entitlement; however, he has not received severance pay or any other form of separation disbursement. c. He served in the Army from 26 October 1984 to 17 December 1991, for a total of 7 years, 1 month, and 22 days. Upon completion of this time, he was released from active duty with an honorable discharge, a separation code of “LCC” (Early Release - Reduction in Authorized Strength), and a reentry code of (RE-3), with a narrative reason for separation of “Convenience of the Government – [Fiscal Year] (FY) 92 Early Transition Program” d. Prior to his discharge, his military occupational specialty was a Personnel Administration specialist. He had been instructed on the methods that were to be used to out-process those affected by this program; however, he never received his separation pay. Upon his discharge, he was told the severance package had not passed Congress yet and anyone being discharged prior to the passing of this bill would be grandfathered in. This never took place. e. He contacted the Army Board of Corrections in reference to obtaining these funds; however, upon attempting to obtain this entitlement he was directed from one office to another until finally instructed that he was to attend a hearing in . While financially struggling at this time, he did not have the means to travel. He is now working for the Department of Veterans Affairs, helping Veterans to recover funds available to them for various reasons and he is reminded of this unpaid entitlement. 3. The applicant provides a DD Form 214, for the period ending on 17 December 1991 and a personal statement, which reiterates his request for separation pay. 4. A review of the applicant's service record shows: a. On 26 October 1984, he enlisted in the Regular Army, with continual enlistments. b. DD Form 214 shows on 17 December 1991, he was honorably released from active duty service due to the Convenience of the Government – FY92 Early Transition Program. He completed 7 years, 1 month, and 22 days of net active duty service. Item 18 (Remarks) does not reflect he was given separation pay. c. National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows he immediately enlisted in the Alabama Army National Guard (ALARNG) on 18 December 1991, and was honorably released due the expiration of service on 17 December 1992. d. DA Form 2-1 (Enlisted Qualification Record) shows in Section VII (Current and Previous Assignments) that he was discharged from the ALARNG and as a Reserve of the Army on 17 December 1992. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Based upon a preponderance of the evidence, the Board determined there is sufficient evidence that shows the applicant should have been authorized separation pay at the time of his release from active duty and transfer to the ARNG. 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 the Army records of the individual concerned be corrected by showing he was authorized full separation pay at the time of his release from active duty on 17 December 1991. 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 militaryrecords must be filed within 3 years after discovery of the alleged error or injustice. Thisprovision of law also allows the ABCMR to excuse an applicant's failure to timely filewithin the 3-year statute of limitations if the ABCMR determines it would be in theinterest of justice to do so. 1.Title 10, USC, section 1174 (Separation pay upon involuntary discharge or releasefrom active duty) states: a.Regular Enlisted Members: (1) 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 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. (2) Separation pay of an enlisted member shall be computed under paragraph (1) of subsection (b), except that such pay shall be computed under paragraph (2) of such subsection in the case of a member who is discharged under criteria prescribed by the Secretary of Defense. b. Amount of Separation Pay – The amount of separation pay which may be paid to a member under this section is: (1) 10 percent of the product of (a) his years of active service, and (b) 12 times the monthly basic pay to which he was entitled at the time of his discharge or release from active duty; or (2) One-half of the amount computed under clause (1). 2. DOD Instruction (DODI) 1332.29 (Involuntary Separation Pay (Non-Disability)), a. Paragraph 3(1b) (Half separation pay) states half payment of non-disability Involuntary Separation Pay (ISP), computed as provided in paragraph 3(2b), is authorized to Service members of the Active and Reserve Components who are involuntarily separated from Active Duty and who meet each of the five conditions in the following paragraphs. • the Service member meets the criteria for active service specified in paragraph 3.1.a.(1) (completed at least 6 years but fewer than 20 years of active Duty) • the Service member's separation is characterized as "honorable" or "general (under honorable conditions)" • the Service member is being involuntarily separated by the military service concerned through either the denial of reenlistment or the denial of continuation on active duty • the Service member is fully qualified for retention, but is denied reenlistment or continuation by the military service concerned • the Service member is fully qualified for retention and is being involuntarily separated under a reduction in force by authority designated by the military service concerned b. Paragraph3(1)(4) states that a Service member has entered into a written agreement with the Military Service concerned to serve in the Ready Reserve of a Reserve Component of the Military Services for a period of not less than 3 years following the separation from active duty or active service. (1) If the Service member has a service obligation pursuant to Title 10, U. S. C., section 651 or any other provision of law that is not completed at the time the Service member is separated from active duty or active service, the 3-year obligation will begin on the day after the day on which the Service member completes his or her obligation pursuant to such section of law. (2) A Service member who enters into this written agreement and who is not qualified for appointment or enlistment in the Ready Reserves need not be enlisted or appointed by the Military Service concerned to be considered to have met this condition of eligibility for separation pay. 3. Army Regulation 637-2 (Separation Pay (Nondisability) and Levels of Payment), paragraph 2-3c (Requirement to Serve in the Ready Reserve; exceptions to eligibility) states that in accordance with DODI 1332.29, a Soldier who enters into a written agreement and who is not qualified for appointment or enlistment in the Ready Reserve need not to be enlisted or appointed by the military service concerned to be considered to have met this condition for eligibility for separation pay. //NOTHING FOLLOWS//