IN THE CASE OF:	

		BOARD DATE:	  31 March 2015

		DOCKET NUMBER:  AR20140012614 


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) to show he was entitled to full separation pay.

2.  The applicant states he served to his expiration of term of service (ETS) and only received half involuntary separation pay.

3.  The applicant provides:

* DD Form 214
* Enlisted Record Brief (ERB)
* DA Form 4187 (Personnel Action), dated 13 May 2014
* a memorandum, dated 22 September 2011, from the Secretary of the Army (SA), subject: Army Directive 2011-18 (Use of a Different Separation Program Designator (SPD) Code for Certain Separations to Allow for Half 
(5 percent) Separation Pay)
* a Memorandum for Record (MFR), dated 13 May 2014, from Headquarters, I Corps, Joint Base Lewis McChord, WA
* an MFR, dated 8 July 2014, from the U.S. Army Human Resources Command

CONSIDERATION OF EVIDENCE:

1.  On 5 September 2000, he enlisted in the Regular Army and served on active duty until 23 May 2014.  He was promoted to sergeant (SGT)/pay grade E-5 on 
1 November 2008.  
2.  The following entries are shown on his ERB, dated 26 May 2014, in the blocks indicated:

* Expiration term of service (ETS) - 23 May 2014
* Reenlistment Eligibility/Prohibition - 9Z (weight, does not meet acceptable weight standards)
* Flag Code - KA (entry into the weight control program) (initial report)
* Flag Start Date - 6 June 2013

3.  A DA Form 4187, dated 13 May 2014, is his agreement to serve in the Ready Reserve of a Reserve component of the Army Forces for a period of not less than 3 years following his separation from active duty.

4.  A memorandum, dated 13 May 2014, from Headquarters, I Corps, Joint Base Lewis McChord, WA, states it was determined by the Reserve Component Career Counselor that the applicant was not qualified for enlistment or appointment in the Ready Reserves.

5.  On 23 May 2014, he was discharged.  He completed 13 years, 8 months, and 19 days of active service that was characterized as honorable.  His DD Form 214 contains the following entries:

* Item 18 (Remarks) - includes the entry “MEMBER IS ENTITLED TO HALF INVOLUNTARY SEPARATION PAY”
* Item 26 (Separation Code) - "JGH"
* Item 28 (Narrative Reason for Separation) - "NON-RETENTION ON ACTIVE DUTY"

6.  An SA memorandum, dated 22 September 2011, shows the SPD codes and narrative reasons for separation were changed for certain separations to allow for half (5 percent) separation pay.  

	a.  Soldiers who are separated at ETS and denied retention for further service, other than those at their retention control point, will be issued the following entries on their DD Forms 214:

		(1)  SPD code "JGH" (Involuntary discharge) or "LGH" (involuntary REFRAD (release from active duty) or transfer).

		(2)  Narrative reason - "Non-Retention on Active Duty."


	b.  This directive aligns Army Regulation 635-5-1 (SPD Codes) with Defense Department Instruction (DODI) 1332.29 (Eligibility of Regular and Reserve Personnel for Separation Pay), which authorizes the Army to compensate eligible Soldiers at their ETS with half separation pay.  Soldiers separated at their retention point will continue to receive full separation pay.

7.  SA memorandum, dated 28 January 2014, subject: Army Directive 2014-03 (Retention Control Points (RCP)) implemented RCPs effective 1 February 2014. The RCP for SGT is shown as 14 years.

8.  DODI 1332.29 states payment of non-disability separation pay is authorized to members of the Regular and Reserve components involuntarily separated from active duty:

	a.  If they are on active duty or full-time National Guard duty and have completed at least 6 years, but fewer than 20 years of active service.

	b.  Their separation is characterized as honorable.

	c.  They entered into a written agreement with the Military Service concerned to serve in the Ready Reserve of a Reserve component of the Army Forces for a period of not less than 3 years following the separation from active duty.  A member who enters into this written agreement and who is not qualified for appointment or enlistment in the Ready Reserve need not be enlisted or appointed by the Military Service concerned to be considered to have met this condition of eligibility for separation pay.

	d.  Full payment of non-disability separation is authorized if they were fully qualified for retention, but were 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 active duty by the Military Service concerned under established promotion or high year of tenure policies.

	e.  Half payment of non-disability separation pay is authorized if they were denied reenlistment or continuation by the Military Service concerned.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should have received full payment of non-disability separation pay at his ETS.
   
   
2.  In order to be eligible for full payment he would have had to be discharged at his RCP.  The RCP for SGT is 14 years.  He would have reached his RCP in September 2014.  However, he was discharged on 23 May 2014, 4 months before reaching his RCP.

3.  His ERB indicates he was not eligible for reenlistment due to his not meeting acceptable weight standards.  He was flagged for entry in the weight control program.  It is reasonable to conclude he was not permitted to extend his enlistment to his RCP based on the flag for weight control.

4.  In view of the above, he was denied continuation and discharged at ETS due to reasons other than reaching his RCP.  Therefore, his SPD code and narrative reason on his DD Form 214 are correct, and he was not eligible to receive full non-disability separation pay.  

BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _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)                                         AR20140012614



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ABCMR Record of Proceedings (cont)                                         AR20140012614



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