IN THE CASE OF: BOARD DATE: 19 July 2023 DOCKET NUMBER: AR20220009307 APPLICANT REQUESTS: payment of Involuntary Separation Pay (ISP). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 7783 (Written Service Agreement and Mandatory Disclosure Statement) * Orders Number 194-0023 Discharge Orders * Finance Request Memorandum FACTS: 1. The applicant states, in effect: a. Upon out processing from the Army, he was notified by finance, on his installation, that he was eligible for ISP. He completed all forms necessary to receive the pay and was even given documents stating the amount he was going to be getting. b. He had budgeted for the money to help support his family. Two and a half weeks later, he was notified that he would not be getting the money because he had initialed and checked a box that he should not have on the DA Form 7783. He initialed and checked that block because he was instructed to by the ready reserve counselor, who was a sergeant first class (SFC), he had seen to complete the form. c. He was given seven days to clear. He was extremely rushed, and he did not know any better than to do what he was told to do. He should not be at fault for this, and he had an entitlement to the ISP and his family should not have to struggle especially after budgeting for that pay just to be told two and a half weeks later, after he had out processed from the Army, that he was not going to receive the money. d. The SFC career counselor instructed him to initial and check the incorrect block on the DA Form 7783 because he had never seen the form before and was "just winging it." He does not believe that such a simple error of an "X" and two letters (being his initials) should completely make him ineligible to receive the ISP, when in all other aspects and forms, he completely qualified. 2. The applicant's service record contains the following documents for the Board's consideration: a. On 6 January 2014, the applicant enlisted in the Regular Army. b. DD Form 214 (Certificate of Release or Discharge from Active Duty) shows on 13 July 2022, the applicant was honorably discharged from the Army for completion of required active service. This form indicates he would receive separation pay in the amount of $28,764.45. He completed 8 years, 6 months, and 8 days of active-duty service. c. DD Form 215 (Correction to DD Form 214), dated 3 March 2023, deleted the comment regarding separation pay form his DD Form 214 for the period ending 13 July 2022. d. There is no evidence, in the applicant's service record, that he continued his service in the ready reserve or other reserve component. 3. The applicant provides the following documents for the Board's consideration: a. DA Form 7783 dated 11 July 2022, which states in order to receive separation pay, the applicant agreed to serve in the Ready Reserve of a Reserve Component of the Armed Forces for a period of not less than 3 years following his separation from Active Duty. The applicant placed an "X" beside the statement "I decline to enter into a written agreement to serve in the Ready Reserve" and placed his initials behind the statement. He and the SFC career counselor signed the form on 11 July 2022. b. Orders Number 194-0023, published by Headquarters, U.S. Army Garrison, Fort Carson, dated 13 July 2022, discharged the applicant from active duty, effective 13 January 2022. The orders state "Soldier must obtain DA Form 7783 from Reserve Component to receive separation pay. Soldier is entitled to half separation pay five percent." c. A Finance Request Memo, signed by a finance clerk on 13 July 2022, shows the applicant was entitled to $28,764.45 of disability severance pay. There is no evidence the applicant was being separated for disability or that he had a disability. 4. On 6 April 2023, the Office of the Deputy Chief of Staff, G-1, Program Analyst, Compensation and Entitlements Pay, provided an advisory opinion for the Board's consideration, which states, in effect: a. After careful review of the information provided, G-1 did not support the applicant's request. b. The applicant was required to sign a service agreement to serve a minimum of not less than three years in the Ready Reserve of a reserve component immediately following discharge from active duty. There is no supporting documentation to reflect that this was accomplished. c. They would reconsider the request for ISP and not penalize the applicant for any administrative error on the DA Form 7783 if the applicant could provide an enlistment contract effective date after discharge from active duty. 5. On 7 April 2023, the advisory opinion was provided to the applicant to allow him the opportunity to respond. On the same date, the applicant responded stating he had read and reviewed the advisory opinion and the reason to deny him is simply fixed. He served all eight and a half years on active duty. Ready reserve duty or duty in a reserve component is not mandatory after the completion of eight full years of active-duty service. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records and the Office of the Deputy Chief of Staff, G-1, Program Analyst, Compensation and Entitlements Pay advisory opinion, the Board noted the applicant placed an "X" beside the statement "I decline to enter into a written agreement to serve in the Ready Reserve" and placed his initials behind the statement. The Board concurred with the advising official finding the applicant did not serve a minimum of not less than three years in the Ready Reserve of a reserve component immediately following discharge from active duty. In response, the applicant stated he served his 8 years and did not need to go into the ready reserves following his period of active duty. Based on the G-1 advisory, the Board denied relief. ? 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. Department of Defense Instructions 1332.29 (Involuntary Separation Pay (Non- Disability), 3.1 Eligibility states full Separation Pay (Non-disability). Full payment of non- disability ISP, computed as provided in Paragraph 3.2.a., is authorized to Service members of the Active and Reserve Components who are involuntarily separated from Active Duty (AD)/Active Service (AS) and who meet each of following five conditions: a. The Service member has completed at least 6 years, but fewer than 20 years, of AD/AS. For Reserve Service members, 6 years of continuous AD/AS must have preceded immediately before separation. A period of AD/AS is continuous if any break in military service does not exceed 30 days. b. The Service member's separation is characterized as "honorable" and none of the conditions in Paragraph 3.4. apply. c. 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 or in an active service status, under one of the following specific conditions: (1) The Service member is fully qualified for retention, but is denied reenlistment or continuation by the Military Service concerned. 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. An officer who declines continuation is eligible to receive full separation pay if the period of time offered for continuation on AD/AS is less than the amount of service required to qualify for retirement. (2) 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 as authorized pursuant to Title 10, United States Code (USC). (3) The Service member is a: * Regular officer, commissioned or warrant, who is being separated in accordance with Chapter 36 (except under Section 630(1)(A)) of Title 10, USC, or Section 580, Section 1165, or Section 6383 of Title 10, USC; or * Reserve commissioned officer separated or transferred to the Retired Reserve in accordance with Chapters 573 or 861 of Title 10, USC, or a Reserve warrant officer who is separated for similar reasons under Service policies * The Service member, having been denied reenlistment or continuation on AD/AS by the Military Service concerned in accordance with Paragraphs 3.1.a.(3)(a) through 3.1.a.(3)(c), accepts an earlier separation from AD/AS. d. The 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 AD/AS. (1) If the Service member has a service obligation pursuant to Section 651 of Title 10, USC, or any other provision of law that is not completed at the time the Service member is separated from AD/AS, 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. e. The Service member has signed the following mandatory disclosure statement: "If I qualify for military retired or retainer pay in accordance with Title 10 or Title 14, United States Code, and/or the Department of Veterans Affairs disability compensation pursuant to the laws administered by the Secretary of Veterans Affairs after receiving ISP, I will be subject to a deduction from such retired or retainer pay, or from disability compensation in the total amount of any ISP paid, as prescribed under Section 1174 of Title 10, USC." 2. Title 10, USC, section 1174 (b) Regular Enlisted Members – states: a. 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 computed under subsection (d) unless the Secretary concerned determines that the conditions under which the member is discharged do not warrant payment of such pay. b. Separation pay of an enlisted member shall be computed under paragraph (1) of subsection (d), 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009307 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1