IN THE CASE OF: 
BOARD DATE: 11 May 2023 
DOCKET NUMBER: AR20220011950
 
APPLICANT REQUESTS: 
. 
entitlement to Involuntary Separation Pay 

. 
burn pit annotation on his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 21 August 2015 


. 
a personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 

. 
DD Form 149 (Application for Correction of Military Record) 

. 
Memorandum – Subject: Burn Pit Health Hazard 



. 
DD Form 214, ending 21 August 2015 FACTS: 


1. 
The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 pertinent part, when he was discharged from military service, he was not advised that he was eligible for severance pay. He contests that at the time of his separation, he had completed over 10 years of service and was barred from reenlistment which should have qualified him for severance pay. He also notes that his DD Form 214 does not contain verbiage indicating that he was exposed to burn pits while he was deployed to Iraq. 

3. 
A review of the applicant's available service records reflects the following: 


a. 
After serving in the Army National Guard (ARNG), on 12 July 2005, the applicant enlisted in the Regular Army. 

b. 
After reenlisting several times, on 22 May 2012, the applicant reenlisted for 3 years in the rank/grade of staff sergeant (SSG)/E-6. 

c. 
On or about 29 January 2014, the applicant accepted non-judicial punishment under the provisions of Article 15, Uniformed Code of Military Justice for violating Article 107 (Making False Official Statements) and Article 134 (Wrongful Fraternization/Adultery). The applicant was issued a Letter of Reprimand, required to perform extra duty and a Suspension of Favorable Personnel Actions flag was imposed. 

d. 
On 21 August 2015, the applicant was discharged from active duty under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), Chapter 4 (Separation for Expiration of Service Obligation). DD Form 214, item 12c. (Net Active Service this Period) reflects "10 years, 1 month, and 10 days"; item 12e. (Total Prior Inactive Service) reflects "7 months and 26 days"; item 18 (Remarks) reflects the applicant's service in Iraq from 17 September 2006 – 17 September 2007. 


4. 
The applicant provides a Memorandum – Subject: Burn Pit Health Hazard reflective of information pertaining to an operational health risk associated with the burn pit at Balad Air Base – Logistics Support Area Anaconda. This document is further provided in its entirety for the Board's review within the supporting documents. 

5. 
On 27 April 2023, the Office of the Deputy Chief of Staff, G-1, Compensation and Entitlements Division, provided an advisory opinion recommending disapproval of the applicant's request citing that the current policy does not authorize Involuntary Separation Pay to an enlisted member who has a bar to continued service in place at the time of separation and has not met retention control points. 

6. 
On 3 May 2023, the applicant was provided with a copy of the advisory opinion and afforded 15 days to provide comments. 

7. 
The applicant did not provide nor does review of his available service records reflect evidence of an enlistment contract and or subsequent service in a component of the 


U.S. Army Reserve following his 2015 discharge from the Regular Army. 
BOARD DISCUSSION: 
1. 
After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. The Board found the available evidence sufficient to consider this case fully and fairly without a personal appearance by the applicant. 

2. 
The Board concurred with the conclusion of the advisory official that the applicant was not eligible for Involuntary Separation Pay under the provisions of Department of 

Defense Instruction 1332.29. The Board determined there is no basis for paying the applicant Involuntary Separation Pay. 

3. 
The Board noted there is no regulatory provision that requires documenting exposure to burn pits on the DD Form 214. The Board determined there is no basis for entering such a statement on his DD Form 214. 


BOARD VOTE: 
Mbr 1  Mbr 2  Mbr 3  
:  :  :  GRANT FULL RELIEF  
:  :  :  GRANT PARTIAL RELIEF  
:  :  :  GRANT FORMAL HEARING  
:  :  :  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, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 

2. 
Department of Defense Instruction 1332.29 (Involuntary Separation Pay (Non-Disability) provides that service members separated under the following circumstances are not eligible for Involuntary Separation Pay: 

. 
separation at service member's own request (declines training at a military service school, request separation) 

. 
declines Reserve service at separation (declines to enter into a written service agreement to serve in the Ready Reserve for a period not less than 3 years following separation from active duty 

. 
initial enlistment 

. 
released for training 

. 
eligible for retired pay 

. 
performance, misconduct or other disciplinary reasons 



3. 
Army Regulation (AR) 637-2 (Separation Pay (Non-disability and Levels of Payment) provides principles of support, standards of service, policies, tasks, rules, and steps governing required actions in the field to support processing eligible personnel for non-disability separation pay. Paragraph 2-1 (Eligibility Criteria) provides full separation payment of non-disability separation pay is authorized to Soldiers of the Regular and Reserve Component involuntarily separated from active duty or active service who meet each of the 5 conditions: 

. 
the Soldier is on active duty and has completed at least 6 years, but fewer than 20 years, of active service 

. 
the Soldier's separation is characterized as "Honorable" 

. 
the Soldier is being involuntarily separated by the Military Service concerned through either the denial of reenlistment and/or extension or the denial of continuation on active duty or in an active service status, under one of the following specific conditions: 




i. The Soldier is fully qualified for retention but is denied reenlistment and/or extension or continuation by the Military Service concerned. 
ii. The Soldier is fully qualified for retention and is being involuntarily separated under a reduction in force. 
iii. The Soldier, having been denied reenlistment/extension or continuation on active duty by the Military Service concerned under and accepts an earlier separation from active duty 
. 
the Soldier has entered into a written agreement with the Military Service concerned to serve in the Reserve Component for a period of not less than 3 years following the separation from active duty 

. 
the Soldier has initialed and signed DA Form 7783 


4. 
AR 600-8-2 (Suspension of Favorable Personnel Actions (Flag)) Paragraph 3-1 (Actions prohibited by a flag) provides that a properly imposed Flag prohibits appointment, reappointment, reenlistment, or extension. 

5. 
AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicant's do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 


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