IN THE CASE OF:
BOARD DATE: 9 July 2015
DOCKET NUMBER: AR20150009877
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.
3. The applicant provides a DA Form 4187 (Personnel Action), separation orders, and DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. Records show the applicant was discharged from the Regular Army and did not receive separation pay at that time.
2. The applicant did not sign a DA Form 4187 agreeing to a Reserve Service agreement for not less than 3 years prior to being discharged.
3. An advisory opinion received from the Department of the Army, Office of the Deputy Chief of Staff, G-1, recommends the records be corrected to show the applicant signed a valid service agreement prior to separating from active duty and approval of entitlement to separation pay. The opinion continues that the Army Board for Correction of Military Records should direct the Defense Finance and Accounting Service (DFAS) to disburse payment and the applicant's separation documents should be corrected to reflect entitlement to separation pay.
4. The opinion states that due to an administrative error, the Army did not afford the applicant the opportunity to sign a Ready Reserve (RR) agreement prior to separation from active duty. Consequently, DFAS directed its military pay offices to stop issuing payment to Soldiers when the request for separation pay was not accompanied by a written agreement to serve a minimum of three years in the RR. Since the applicant is not serving an obligation in the Reserve Component, which would have begun immediately following discharge from active duty, law and policy prohibit the Army from entering the applicant into an RR service agreement for the purpose of separation pay.
5. The applicant was provided a copy of the advisory opinion for review and comment.
6. The applicant's records show a current Military Service Agreement in the RR for a period of not less than 3 years has been signed.
7. Title 10, U.S. Code, section 1174(3) states that Soldiers being involuntarily separated from active duty, in order to become eligible for separation pay, must enter into an agreement to serve no less than three years in the RR. This section specifies that the RR service must occur "following the person's discharge or release from active duty."
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of the records to show eligibility for separation pay was carefully considered and determined to have merit.
2. Based on information provided by the Office of the Deputy Chief of Staff, G-1 the applicant was not provided the opportunity to complete the proper military service agreement at the time of discharge to allow for the immediate start of a three-year obligation in the RR. The applicant subsequently completed such an agreement and met the requirement for separation pay.
3. Therefore as a matter of equity it would be appropriate to correct the records to show entitlement to separation pay at the time of discharge from active duty.
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:
* amending the DA Form 4187 to show it was dated one day prior to the date of separation from active duty
* amending the DD Form 214 and appropriate orders to show entitlement to separation pay and
* directing DFAS to pay all separation pay otherwise entitled as a result of these corrections
_______ _ __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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ABCMR Record of Proceedings (cont) AR20150009877
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