IN THE CASE OF: BOARD DATE: 2 May 2023 DOCKET NUMBER: AR20220011019 APPLICANT REQUESTS: correction of DD Form 214 (Certificate of Release or Discharge from Active Duty) to remove separation pay in the amount of $16,691.10. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 service ending 31 May 2021 * Department of Veterans Affairs (VA) Letter FACTS: 1. The applicant states in effect, she requests her DD Form 214 be corrected to reflect that she did not receive separation pay at the time of her discharge from active duty. She never received separation pay. Being that separation pay was annotated on her DD Form 214, the VA is recouping the separation pay from her disability pay. The Fort Carson, CO, Finance Office stated to her via e-mail that separation pay would not be paid to her. 2. A review of the applicant's service record shows: a. The applicant enlisted in the Regular Army (RA) on 8 November 2010. She reenlisted in the RA on 7 March 2019. b. The applicant accepted non-judicial punishment on 20 August 2020 for failure to follow a lawful order. Her punishment included reduction in rank to specialist (SPC)/E4 and oral reprimand. c. On 17 March 2021 the applicant was counseled regarding the requirement for a family care plan and the 30-day period for submission was waived. d. On 19 March 2021, the applicant was notified of the initiation of separation under the provisions of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-8 (Parenthood) for failure to establish a family care plan. e. On 19 March 2021: (1) The applicant acknowledged the notice of separation under the provisions of AR 635-200, paragraph 5-8. The family care plan is put in place for the purposes of caring for the service member's family while deployed, temporary duty, or engaged in any other military training. Without an approved family care plan, the service member remains non deployable and is unable to properly fulfill their military requirements. (2) The applicant's commander's report recommended she be separated from active duty prior to her expiration of term of service due to failure to establish a family care plan (3) After consultation with counsel on 19 March 2021, the applicant signed the election of rights but did not acknowledge the: * request or waiver for an administrative separation board * request or waiver for appearance before administrative separation board * did or did not submit statements in her own behalf * request or waiver of consultation or representation by counsel f. On 8 April 2021, the separation authority directed the applicant be separated under the provisions of AR 635-200, paragraph 5-8 with a honorable character of service and not be transferred to the Individual Ready Reserve. g. On 27 April 2021, Orders Number 117-0038, issued by Headquarters, U.S. Army Garrison, Fort Carson, the applicant was separated from active duty, effective 31 May 2021. The additional instruction did not reflect the applicant was to receive separation pay. However, the order was amended by Orders Number 152-0029 on 1 June 2021 to reflect the applicant must obtain a DA Form 7783 (Written Service Agreement and Mandatory Disclosure Statement) from the Reserve component to receive separation pay. The applicant was entitled to full/half separation pay ten percent/5 percent in accordance with Title 10 United States Code (USC), section 1174 (Separation pay upon involuntary discharge or release from active duty). h. The applicant was honorably discharged from active duty on 31 May 2021. Her DD Form 214 shows the applicant completed 10 years, 6 months, and 23 days of active service. It also shows in item 18 (Remarks) separation pay in the amount of $16,691.10. 3. The applicant provides a letter from the VA dated 3 December 2021, which shows the applicant was awarded 100 percent combined disability rating. Her monthly entitlements were less $2,443.31 on 1 October 2021 due to recoupment of separation pay. 4. On 7 March 2023, in the processing of this case, the Office of the Deputy Chief of Staff G-1, provided an advisory opinion regarding the applicant's request to remove separation pay from her DD Form 214 by issuing her a DD Form 215 (Correction of DD Form 214 (Certificate of Release or Discharge from Active Duty). The advisory official stated it was recommended the applicant's request be granted. The separation pay in the amount of $16,691.10 was incorrectly entered on the applicant's DD Form 214. The DA Form 7783 reflected the applicant declined to enter into a written agreement to serve in the Ready Reserve, thereby resulting in a disqualification of separation pay. The applicant's pay account reflects a final pay in the amount of $2,728.47 which was her regular recurring monthly pay entitlements. 5. On 15 March 2023, the applicant was provided with a copy of the advisory opinion for comment. She did not respond. 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. The applicant was honorably discharged for failure to establish a family care plan. The Board reviewed and concurred with the advisory official’s finding that the additional instruction did not reflect the applicant was to receive separation pay. However, the order was amended to reflect the applicant must obtain a DA Form 7783, Written Service Agreement and Mandatory Disclosure Statement from the Reserve component to receive separation pay. The separation pay amount was incorrectly entered on her DD Form 214. The DA Form 7783 reflected the applicant declined to enter into a written agreement to serve in the Ready Reserve, thereby resulting in a disqualification of separation pay. The Board voted to grant relief by removing the separation pay entry from her DD Form 214. 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 removing from item 18 (Remarks) of her DD Form 214 the entry “Separation Pay $16,691.10.” 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. Army Regulation 635-8 (Separation Processing and Documents), prescribes the transition processing function of the military personnel system. It provides principles of support, standards of service, policies, tasks, rules, and steps governing required actions in the field to support processing personnel for separation and preparation of separation documents. a. Paragraph 2–1 (Regular Army), separation processing normally begins with pre- separation counseling, as required by Title 10 USC, section 1142, conducted by the Soldier for Life–Transition Assistance Program office. Separating Soldiers attend a pre- separation briefing. Installation level transition centers produce separation orders for all RA Soldiers in accordance with AR 600-8-105. Separating Soldiers complete battalion/unit and installation/community level out-processing in accordance with AR 600-8-101. Final transition processing is completed by the supporting installation level transition center. The transition center prepares separation documents and other applicable separation documents. b. Paragraph 4-2 (Rules for pre-transition processing), pre-transition processing, in most cases, will be initiated by the military personnel division transition center or the Soldier's unit of assignment. For normal transition dates, start 180-days before effective date of transition for Soldiers scheduled for normal transition upon completion of active duty service. c. Paragraph 4-3 (Tasks, work centers, and required actions), the coordinator generates a loss roster identifying RA Soldiers 180-days prior to their scheduled separation date and schedules Soldiers to attend pre-separation service program at least 120-days prior to separation date. The Reserve component career counselor will coordinate with the reenlistment Noncommissioned Officer in scheduling Reserve Component interviews and interview separating Soldiers 90-days prior to separation date or the beginning or transition leave. d. Paragraph 4-6 (Publication of separation orders), the transition center issued separation orders for RA Soldiers who will separate from active duty no later than 60- days before the scheduled separation date. e. Paragraph 7-3 (Separation Packet), the separation packet will include but not limited to separation orders and any amendments or endorsements, and DA Form 7783 (Written Service Agreement and Mandatory Disclosure Statement) for Soldiers involuntary separated and is entitled to separation pay. f. Paragraph 8-1 (Rules for alterations and corrections), b. After the DD Form 214 is authenticated and distribution of the DD Form 214 has been made, the issuing transition center may correct the error by issuing DD Form 215 up to the Soldier's actual separation date. After the Soldier's separation date, the DD Form 214 will be corrected by forwarding a memorandum to the appropriate location below requesting that a new DD Form 214 or DD Form 215, as applicable, be issued. (2) Enlisted Soldiers currently RA: Commander, U.S. Army Human Resources Command (AHRC–EPR–J), 1600 Spearhead Division Avenue, Fort Knox, KY 40122–5102. 2. 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 3. Title 10 USC, section 1174 (Separation pay upon involuntary discharge or release from active duty), (b) (Regular Enlisted Members), (1) a regular enlisted member of an armed force who is discharged involuntarily the member 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. (e) (Requirement for Service in Ready Reserve; Exceptions to Eligibility), (1) (A) as a condition of receiving separation pay 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 3- years following the person's discharge or release from active duty. (2) A member who is discharged or released from active duty is not eligible for separation pay if the member is discharged or released from active duty at his/her request. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220011019 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1