IN THE CASE OF: 

		BOARD DATE: 26 August 2014

		DOCKET NUMBER:  AR20130022300 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by deleting from item 18 (Remarks) the entry "Separation Pay -- $26,954.07."

2.  The applicant states he has not and will not receive the separation pay.  The separation pay is dependent upon him joining the U.S. Army Reserve which he declined; therefore, he is not eligible for separation pay.  He is submitting a claim for disability compensation with the Department of Veterans Affairs (VA).  If his conditions are adjudicated as compensable, the VA will recoup the amount shown ($26,954.07).

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Regular Army (RA) Ordnance Corps second lieutenant on 9 January 2008.  He was promoted to first lieutenant effective 19 December 2009. 

2.  U.S. Army Garrison, Aberdeen Proving Grounds, Orders 353-0004, dated 
18 December 2012, reassigned the applicant to the Aberdeen Proving Ground Transition Center, for separation processing and discharge on 1 March 2013.  The additional instructions read:  "Soldier is entitled to full separation pay IAW [in accordance with] USC 1174."

3.  The applicant's DD Form 214 shows he was honorably discharged on 
1 March 2013 under the provisions of Army Regulation 600-8-24 (Officer Transfers and Discharges), paragraph 5-9.  The narrative reason is shown as "NON-SELECTION, PERMANENT PROMOTION."  He had completed 4 years,
8 months, and 13 days of net active service this period; 5 months and 10 days of total prior active service; and 24 days of total prior inactive service.  It also shows in:

* item 9 (Command To Which Transferred):  "N/A"
* item 18 (Remarks), in part:  "SEPARATION PAY - - $26954.07"

4.  A review of the applicant's military personnel records failed to reveal any evidence showing that he entered the USAR on or after 1 March 2013.

5.  Email, dated 5 February 2014, from the Defense Finance and Accounting Service (DFAS) confirmed that the applicant did not receive separation pay. 

6.  Title 10, U.S. Code, Section 1174 (Separation Pay Upon Involuntary Discharge or Release from Active Duty) states that:

	a.  A regular officer who is discharged under this section and who has completed six or more, but less than twenty years of active service immediately before that discharge is eligible for separation pay.

	b.  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.

7.  DOD Financial Management Regulation 7000.14-R, volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay), chapter 35 (Separation Payments), paragraph 350201 (Full Separation Pay), provides that, beginning on 20 June 1991, full payment of non-disability separation pay has been authorized to military service members of the Regular and Reserve components who have been involuntarily separated from active duty and have met the specified conditions:

* The member's separation must be characterized as "honorable"
* The member is on active duty and has completed at least 6 years, but less than 20 years, of active service 
* The member is separated involuntarily through either the denial of reenlistment or the denial of continuation on active duty
* The member must have entered into a written agreement with the military service concerned to serve in the Ready Reserve of a Reserve component of the armed forces for a minimum period of 3 years following the separation from active duty

8.  Army Regulation 635-5 (Separation Documents), as then in effect, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contained item-by-item instructions for completing the DD Form 214.  It showed for item 18, for a Soldier receiving separation/readjustment or non-disability severance pay (as indicated by the finance office), to enter the type of pay and amount.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected by deleting from item 18 of his DD Form 214 the entry "Separation Pay - - $26954.07."

2.  The evidence of record shows the applicant was honorably discharged from the RA based on non-selection for permanent promotion.  

3.  The applicant's separation orders and his DD Form 214 authorized him to receive to full separation pay in the amount of $26,954.07.  

4.  Item 9 of the applicant's DD Form 214 does not show he was transferred to the USAR.  Moreover, there is no evidence of record showing he completed an agreement to enlist in the USAR.

5.  There is no evidence of record showing the applicant received separation pay at the time of his discharge.  In addition, DFAS confirmed the applicant did not receive separation pay.

6.  Thus, based on the evidence of record, it is concluded that the applicant's separation orders and his DD Form 214 contain erroneous entries regarding separation pay.  Therefore, it would be appropriate to correct his records by deleting those entries from his separation documents.



BOARD VOTE:

____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:

   a.  amending U.S. Army Garrison, Aberdeen Proving Ground, Orders 
353-0004, dated 18 December 2012, by deleting the additional instruction:  "Soldier is entitled to full separation pay IAW USC 1174"; and
   
   b.  deleting from item 18 of his DD Form 214 the entry, "SEPARATION PAY - - $26954.07."



      _______ _   _x______   ___
               CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20130020581



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ABCMR Record of Proceedings (cont)                                         AR20130022300



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