Title: 2
Author: Newbutj

ABCMR Proceedings (cont)                     AC93-09725

2.  The applicant requests that his records be corrected to show entitlement to Separation Pay (SP).  He indicates that he did not receive any SP to include that indicated in his DD Form 214 (Report of Separation).

3.  On 16 October 1985, the applicant enlisted in the Regular Army (RA) and continued through extensions and reenlistments until his separation from active duty (AD).

4.  On 9 November 1992, his unit commander recommended the applicant be separated from AD based on his failure to meet the Army Weight Control standards.  The applicant was notified and his rights explained.  The applicant, after consulting with legal counsel, acknowledged the notification and waived consideration of his case by an administrative separation board.

5.  On 12 November 1992, the appropriate separation authority approved the applicant’s separation and directed he receive an Honorable Discharge Certificate and that he be transferred to the Army Reserve (USAR).

6.  On 25 November 1992, the applicant agreed to serve in the USAR for a period of not less than 3 years.

7.  On 25 November 1992, a memorandum from his personnel section, subject: SP pertaining to the applicant, indicated the applicant was authorized one half SP.

8.  On 25 November 1992, the applicant was separated, in pay grade E-5, under AR 635-200, chapter 5-15, based on his failure to meet Army Weight standards.  His DD Form 214 indicates that he had 7 years, 1 month, and 10 days of creditable service.  It also erroneously indicates that he received SP in the amount of $15,265.56.

9.  DA Message 232004ZJUL91, subject: Implementation of SP for RA enlisted Soldiers, indicates, in pertinent part, that soldiers being involuntarily separated for the convenience of the Government under chapter 5, AR 635-200 are entitled to one half SP.

CONCLUSIONS:
1.  The applicant was not entitled to the dollar amount of SP as currently shown on his DD Form 214.

2.  However, based on the evidence of record, the applicant was entitled to one half SP.

3.  In view of the foregoing, the applicant’s records should be corrected as shown below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing:

	a.  entitlement to one half SP;

	b.  payment of any unpaid SP; and

	c.  the correct total amount of SP paid to the applicant in item 18, DA Form 214, dated 25 November 1992.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION

		                           
		        CHAIRPERSON