IN THE CASE OF:
BOARD DATE: 14 January 2015
DOCKET NUMBER: AR20140018957
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 the military records to show entitlement to separation pay.
2. The applicant states separation pay was not received when discharged from the Army. He further states that his DD Form 214 (Certificate of Release or Discharge from Active Duty) and separation orders were amended to read that he was entitled to separation pay.
3. The applicant provides a copy of his DD Form 214, DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), Member Separation Orders, amended Members Separation Orders, and DA Form 5691-R (Request of Reserve Component Assignment Orders).
CONSIDERATION OF EVIDENCE:
1. On 31 August 2009, the applicant enlisted in the Regular Army for a period of not less than 3 years and 25 weeks.
2. On 12 September 2014, he was released from active duty under the provisions of the Army Regulation 635-200 (Personnel Separation-Enlisted Personnel), chapter 4 for completion of required active service, with an honorable discharge. He attained the rank/grade of private first class (PFC)/E-3. The DD Form 214 he was issued at the time shows he completed 5 years and 12 days of creditable active service.
3. Records show the applicant was released from active duty from the Regular Army and did not receive separation pay at that time and did not sign a DA Form 4187 (Personnel Action) agreeing to a Reserve Service agreement for not less than 3 years prior to being separated.
4. The applicant's DD Form 215 shows that he is entitled to Full Separation Pay and Amendment Orders 178-0001 dated 27 June 2014 show he is entitled to separation pay in accordance with Title 10, U.S.C., section 1174.
5. An advisory opinion received from the Department of the Army, Office of the Deputy Chief of Staff, G-1, states that the applicant is not entitled to separation pay in accordance with Title 10, U.S.C., section 1174 and Department of Defense Instruction (DODI) 1332.29. The advisory opinion further states the applicant does not meet the eligibility requirement of 6 or more, but less than 20 years of active duty service.
6. The applicant was provided a copy of the advisory opinion for review and comment but failed to provide a response in the time allotted.
7. Department of the Army Circular 635-92-1 (Separation Pay) outlines the eligibility criteria for separation pay and provides separation pay formulas as authorized by DODI 1332.29, dated 20 June 1991, and other Department of the Army guidance resulting from Public Law 101-510. In order to be eligible for separation pay and benefits, the Soldier must meet certain criteria, including but not limited to:
a. The Soldier must have served on active duty, or full-time National Guard duty, and have completed at least 6, but fewer than 20 years of active service. This service need not be consecutive; however, for Reserve component personnel not on the active duty list when separated, 6 years of continuous
active duty or full-time National Guard duty must have preceded immediately before such separation. A period of active duty is continuous if any break in military service does not exceed 30 days.
b. The Soldier's separation must have been characterized as Honorable (full separation pay) or Under Honorable Conditions (General) (half separation pay).
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of the records to show eligibility for separation pay was carefully considered and it was determined there is insufficient evidence to support his request.
2. Department of the Army Circular 635-92-1 requires a Soldier to serve on active duty for period of at least 6, but fewer than 20 years, of active service to be entitled to separation pay.
3. The evidence of record shows the applicant was credited with having completed 5 years and 12 days of credible active duty service. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief in this case.
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) AR20140009236
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140018957
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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