IN THE CASE OF:	  

		BOARD DATE:	  22 OCTOBER 2015

		DOCKET NUMBER:  AR20150003487 


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, in effect, termination of recoupment of her separation pay.

2.  The applicant states she feels it is an error to have to repay her separation pay.  Her pay documents show she earned what she received.

3.  The applicant provides:

* Headquarters, U.S. Army Training Center and Fort Jackson, 
Orders 247-1310, dated 4 September 2014
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Joint Uniform Military Pay System Leave and Earnings Statement (LES) Online Inquiry System, covering the period 1-31 August 2014
* Final Pay Worksheet (Service Member's Copy), period of computation 
1-8 September 2014

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 6 May 2014.

2.  While serving as a trainee in basic combat training at Fort Jackson, South Carolina, the applicant injured herself as a result of normal training activities (running, jumping, and marching).  Multiple diagnostic studies showed she developed a bone stress fracture in her hips.

3.  On 30 June 2014, her senior drill sergeant counseled her regarding her doctor-recommended transfer to the replacement holding unit to enable her to take 30 days of convalescent leave to assist in the healing process.  On 4 August 2014, a senior physical therapist at the Moncrief Army Community Hospital recommended her separation from the Army as she did not qualify for consideration by a medical evaluation board.

4.  On 12 August 2014, she was notified of her election of rights regarding separation under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17 (Other Designated Physical or Mental Conditions).  On 2 September 2014, the approval authority directed her separation from the Army prior to expiration of her current term of service under the provisions of Army Regulation 635-200, paragraph 5-17.

5.  Headquarters, U.S. Army Training Center and Fort Jackson, 
Orders 247-1310, dated 4 September 2014, reassigned her to the U.S. Army Transition Point for transition processing and discharge.  Her discharge orders specifically state she is NOT entitled to separation pay.  On 8 September 2014, she was discharged accordingly for a condition, not a disability.  Her DD Form 214 shows she was credited with 4 months and 3 days of net active service.  Her service was uncharacterized.  Her DD Form 214 does not contain a remark stating she is entitled to separation pay.

6.  The applicant provided an LES covering the period 1-31 August 2014 and a Final Pay Worksheet covering the period 1-8 September 2014.  Neither document shows receipt of separation pay.  Her Final Pay Worksheet shows a final payment of $883.83.

7.  A program analyst from Department of the Army Office of the Deputy Chief of Staff, G-1, Compensation and Entitlements Division, was consulted on this case. 
He opined on 1 April 20015 that the applicant does not have a separation pay issue, but rather a pay issue resulting from an overpayment.

8.  Officials from the Defense Finance and Accounting Office (DFAS) reviewed the applicant's Military Master Pay Account (MMPA).  Her MMPA does not reveal receipt of separation pay that was later recouped.  Her MMPA shows:

* advanced payment of $350.00 made upon her initial report for duty in May 2014
* receipt of regular payments through end of month August 2014
* a final payment of $883.83 made at the time of her separation on 8 September 2014
* receipt of mid-month payment after her separation on 8 September 2014
* original debt due to the advanced payment and erroneous receipt/
overpayment of mid-month pay after separation totaling $681.49
* final debt after interest, penalties, and administrative charges were added to the original debt amounting to a balance due of $732.76

REFERENCES:

1.  Department of Defense Instruction 1332.29 states that full payment of non-disability separation pay is authorized to members of the Reserve Components who are involuntarily separated from active duty and who meet each of following four conditions:

	a.  The member is serving on active duty or full-time National Guard duty and has completed at least 6 years, but fewer than 20 years, of active service.  For Reserve members 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.

	b.  The service member's separation is characterized as honorable.

	c.  The service member is being involuntarily separated by the Military Service concerned through either denial of reenlistment or denial of continuation on active duty or full-time National Guard duty under one of the following specific conditions:

		(1)  The member is fully qualified for retention, but is 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.

		(2)  The member is fully qualified for retention and is being involuntarily separated under a reduction in force by authority designated by the Secretary of the Military Department concerned.

		(3)  The member is a Reserve commissioned officer, other than a commissioned warrant officer, separated or transferred to the Retired Reserve under an applicable chapter of Title 10, U.S. Code; or a Reserve commissioned officer on the Active Duty List or a Reserve warrant officer who is separated for similar reasons under Service policies.

	d.  The service member has 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 period of not less than 3 years following the separation from active duty.

2.  The Department of Defense Financial Management Regulation reiterates the separation pay criteria listed in Department of Defense Instruction 1332.39.  Paragraph 350201.A.3 states a member who is separated involuntarily through either denial of reenlistment or denial of continuation on active duty or full-time National Guard duty must meet one of four specific conditions.  Paragraph 350201.A.3.a states the member must be fully qualified for retention but denied reenlistment or continuation.  This includes a Military Service member who is eligible for promotion as established by the Secretary of the Military Service concerned, but is denied reenlistment or continuation on active duty under established promotion or high year of tenure policies.

DISCUSSION:

1.  The applicant's request for termination of the recoupment of her separation pay was carefully considered.

2.  Records reveal the applicant was not entitled to separation pay at the time of her discharge and was indeed never paid separation pay at the time of her discharge.

3.  DFAS records indicate she currently has a valid debt of $732.76 emanating from overpayment unrelated to separation pay.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)                                         AR20150003487



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ABCMR Record of Proceedings (cont)                                         AR20150003487



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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