IN THE CASE OF:	   

		BOARD DATE:	  12 February 2015

		DOCKET NUMBER:  AR20140011262 


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 - - $53010.66."

2.  The applicant states the Defense Finance and Accounting Service (DFAS) sent a letter to his congressman indicating he would not be receiving separation pay since he did not enlist to serve 3 years in the Army National Guard (ARNG).  He has no issue with the decision because he only enlisted for 2 years.
   
   a.  However, when the Department of Veterans Affairs (VA) approved his claim for service connected compensation, he was informed that the VA was withholding the amount of separation pay until it is "paid back."

   b.  His DD Form 214 shows an entitlement to separation pay; however, he didn't receive the money.  In order to resolve this matter, the entry on his 
DD Form 214 referring to separation pay must be removed.

3.  The applicant provides copies of the following documents –

* his separation orders with amendment
* DD Form 214 and DD Form 215 (Correction to DD Form 214)
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) and allied documents
* VA letter
* congressional letter
CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 20 May 1999.  Through a series of reenlistments in the RA, he continued to serve on active duty.  He was awarded military occupational specialty 68W (Health Care Specialist) and he attained the rank of sergeant (E-5).

2.  Headquarters, Joint Readiness Training Center, Fort Polk, LA, Orders
199–0319, dated 18 July 2013, reassigned the applicant to the Fort Polk Transition Center for separation processing and discharge on 6 November 2013. The additional instructions show, in pertinent part, "(6)  YOU ARE NOT ENTITLED TO SEPARATION PAY IN ACCORDANCE WITH [IAW TITLE 10] UNITED STATES CODE, SECTION 1174 [10 USC 1174]."

3.  Headquarters, Joint Readiness Training Center, Fort Polk, LA, Orders
254–0323, dated 11 September 2013, amended Orders 199-0319, dated 18 July 2013, in pertinent part, to change the additional instructions to read, "(6)  YOU ARE ENTITLED TO FULL SEPARATION PAY IAW 10 USC 1174."  The order was also amended to add that he was to be assigned to:  "Detachment 1, Medical Command (W8Z8A1), Building 805, F Street, Camp Beauregard, LA  71360."

4.  The applicant's DD Form 214 (as corrected by a DD Form 215) shows he was honorably discharged on 6 November 2013 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4 (Separation for Expiration of Service Agreement), based on completion of required active service with separation code "JBK" (involuntary discharge –
completion of required active service).  He had completed 14 years, 5 months, and 17 days of net active service this period.  It also shows in:

* item 9 (Command To Which Transferred):  "SEE BLOCK 18"
* item 18 (Remarks), in part:

* "SEPARATION PAY - - $53010.66"
* "BLOCK 9:  DET 1 MEDICAL COMMAND (W8Z8A1), BLDG 805,
F STREET, CAMP BEAUREGARD LA  71360"

5.  A DD Form 4 (with allied documents) shows the applicant enlisted in the Army National Guard of the United States (ARNGUS) and Louisiana ARNG (LAARNG) on 10 September 2013 for a period of 2 years and that he was assigned to Detachment 1, Medical Command, Camp Beauregard, LA  71360.


6.  In support of his application the applicant provides, in part, the following documents:

   a.  VA letter, dated 25 March 2014, that shows the VA approved his claim for service connected compensation and outlined the monthly entitlement amounts to be withheld through 1 September 2019 based on recoupment of separation pay.  It also shows the reason the VA withheld benefits was because the applicant received separation pay in the amount of $53,010.66 (before taxes) from the military and the VA must hold back compensation until the separation amount is paid back.  The VA deducted federal taxes in the amount of 25 percent to arrive at a net separation pay of $39,758.00 and informed him that after the amount is paid back, he will start receiving his full monthly VA compensation.  He was also advised that if he has evidence which shows the net amount is not correct, he should submit it to the VA.
   
   b.  A letter from the Deputy Director, Operations, DFAS, dated 5 June 2014, to the Honorable C. F____ F____, M.D., U.S. House of Representatives, that provided information in response to his inquiry on behalf of the applicant regarding his full separation pay.  It shows DFAS is unable to comply with his request to pay out full separation pay.  DFAS explained that one of the eligibility requirements to receive Half or Full Separation Pay is that the Soldier must enter into a written agreement to serve a minimum of 3 years in the Individual Ready Reserves of the Service concerned.  DFAS confirmed the applicant enlisted in the ARNGUS on 7 November 2013 for a period of 2 years and, therefore, he is not entitled to separation pay.  DFAS advised that the applicant could apply to the Army Board for Correction of Military Records (ABCMR) for a decision regarding the entitlement to Full Separation Pay.

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) at the time 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 contains item-by-item instructions for completing the DD Form 214.  It shows for item 18, for a Soldier receiving separation/readjustment or non-disability severance pay (as indicated by the finance office), enter 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 the entry, "Separation Pay - - $53010.66."

2.  The evidence of record shows the applicant was honorably discharged from the RA due to an involuntary separation based on completion of required active service.

3.  The applicant's separation orders (as amended) authorized entitlement to Full Separation Pay based on his enlistment in the ARNGUS and LAARNG with assignment to Detachment 1, Medical Command, Camp Beauregard, LA  71360.

   a.  The evidence of record shows full payment of non-disability separation pay is authorized, in pertinent part, if a Soldier enters 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 (emphasis added) following the separation from active duty.

   b.  Records show the applicant enlisted in the ARNGUS and LAARNG for a period of 2 years.

   c.  Thus, based on the evidence of record, the applicant is not entitled to separation pay.

4.  There is no evidence of record that shows the applicant received payment of separation pay at the time of his discharge.  In addition, the evidence of record shows that DFAS confirmed the applicant is not entitled to nor did he receive separation pay.


5.  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 the additional instructions of Headquarters, Joint Readiness Training Center, Fort Polk, LA, Orders 199–0319, dated 18 July 2013 (as amended by Orders 254-0323, dated 11 September 2013), to read:  "(6)  YOU ARE NOT ENTITLED TO SEPARATION PAY IAW 10 USC 1174"; and

   b.  deleting from item 18 of his DD Form 214 the entry, "SEPARATION PAY- - $53010.66."




      ___________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)                                         AR20140011262



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ABCMR Record of Proceedings (cont)                                         AR20140011262



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