IN THE CASE OF:
BOARD DATE: 2 June 2015
DOCKET NUMBER: AR20140017086
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 reconsideration of his previous request for involuntary separation pay.
2. The applicant presents a new argument, in effect, that although his record shows he served 5 years, 11 months, and 19 days of active duty service, he should have received an additional credit of 15 active duty days during the periods 12 January to 31 May 2007 (6 days) and 1 June to 10 July 2007
(9 days). Since he did not have a break in service longer than 30 days he is entitled to separation pay based on Department of Defense (DOD) Manual 7000.14-R (Financial Management Regulation-Volume 7A: Military Pay Policy Active Duty and Reserve Pay), Chapter 35.
3. The applicant provides:
* Two self-authored letters
* Army Board for Correction of Military Records (ABCMR) Record of Proceedings, dated 20 August 2014
* National Guard Bureau (NGB) Form 23A (Army National Guard (ARNG) Current Annual Statement), dated 4 June 2012
* DOD Manual 7000.14-R, page 35-14
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20130018986, on 20 August 2014.
2. On 1 June 1985, the applicant was appointed a second lieutenant (2LT) in the U.S. Army Reserve (USAR). On 16 July 1985, he was relieved from the USAR Control Group and on 17 July 1985, he was voluntarily assigned to the Puerto Rico ARNG (PRARNG) and swore his oath of office.
3. He completed his initial active duty training from 18 June through 7 October 1988 and he was awarded area of concentration 11A (Infantry). The DD Form 214 issued to him at that time shows he completed 3 months and 20 days of creditable active service.
4. He served in the PRARNG in various positions and he was promoted to major (MAJ) on 8 May 2002.
5. He served on active duty from 12 January 2006 to 11 January 2007. During this period he completed 1 year of active service.
6. From 12 January to 31 May 2007, he received 6 active duty points and from
1 June to 10 July 2007, he received 9 active duty points. However, the applicant provides no orders or documentation to show that during that period, the 6 days he served on active duty were continuous, and that he did not have a break in service of less than 30 days.
7. The applicant also received orders to active duty during the periods 11 July 2007 through 14 January 2009, and 29 June 2010 through 2013.
8. On 30 June 2013, he was honorably released from active duty and returned to the control of the PRARNG.
9. On 1 July 2013, he was honorably discharged from the PRARNG and transferred to the USAR Control Group (Retired Reserve).
10. Title 10, U.S. Code, section 1174(c)(3), states a member of an Armed Force other than a Regular member who is discharged or released from active duty and who has completed at least 6 (emphasis added) but fewer than 20 years of active service immediately before that discharge or release is entitled to separation pay if: (a) the member's discharge or release from active duty is involuntary or (b) the member was not accepted for an additional tour of active duty for which he volunteered.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he is entitled to separation pay based on having at least 6 years of active service; however, there is insufficient evidence to support this claim.
2. The evidence of record shows he has 5 years, 11 months, and 19 days of active service. It appears that he did not complete a total of 6 years of active service without a 30-day break in service.
3. Although the applicant claims he has 15 additional active duty days without a break in service from 12 January to 31 May 2007 (6 days), and from 1 June to
10 July 2007 (9 days); however, he has not provided any orders or documentation to show that he did not have a 30 day break in service during the period 12 January to 31 May 2007. In essence, it cannot be determined whether or not he served the entire 6 days on active duty from 12 January to 12 February 2007 and had a 4 month break in service or that he served 1 day each month without a break in service that would entitle him to separation pay.
4. Additionally, if the applicant had a break in service for more than 30 days from 12 January to 31 May 2007, the 9 active duty points he received from 1 June to 10 July 2007 would be a moot point since the clock would have been reset due to the break in service. Finally, even if the Board granted him the 9 active duty points from 1 June to 10 July 2007, it would still not be enough to reach the 6-year mark for separation pay.
5. The applicable law requires a Soldier to serve 6 years of consecutive active duty service to be eligible for separation pay. His record is not clear if he completed a total of 6 years of continuous active service immediately prior to his discharge on 30 June 2013, as required by law. Therefore, he is not entitled to separation pay.
6. If the applicant can provide copies of his orders to show he served 1 day each month from 12 January through 31 May 2007, his case will be reconsidered. In view of the foregoing, the applicant's reconsideration request should be denied.
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 to amend the decision of the ABCMR set forth in Docket Number AR20130018986, dated 20 August 2014.
_______ _ _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) AR20140017086
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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