MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            27 March 2003
	DOCKET NUMBER:   AR2002078654

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Ms. Eloise C. Prendergast		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  that he be paid severance pay based on the pay grade of E-5 instead of E-3.

APPLICANT STATES:  That he was paid severance pay based on his pay grade at the time of separation instead of the highest grade he held, which was E-5.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted on 18 September 1996 for a period of 3 years and training as a combat engineer.  On 19 November 1998, while serving in the pay grade of       E-4, he reenlisted for a period of 4 years, assignment to Fort Carson, Colorado, and a selective reenlistment bonus.  He was promoted to the pay grade of E-5 on 15 December 2000.

On 16 May 2001, nonjudicial punishment (NJP) was imposed against the applicant for being drunk and disorderly and for assaulting his wife in his quarters.  His punishment consisted of a reduction to the pay grade of E-4, a forfeiture of pay (suspended until 16 July 2001) and extra duty.

Although the record of NJP is not contained in the available records, his records show that he was reduced to the pay grade of E-3 on 14 February 2002.

On 20 September 2002, the applicant was honorably discharged in the pay grade of E-3, under the provisions of Army Regulation 635-40, paragraph 4-24B(3), by reason of disability with severance pay.  He had served 6 years and 3 days of total active service and was paid $17,622.00 in severance pay.

In the processing of this case a staff advisory opinion was obtained from the Total Army Personnel Command (PERSCOM) Retirements and Separations Branch, which opined, in effect, that the applicant was properly paid severance pay in the pay grade he held at the time of separation.  The opinion was provided to the applicant for comment and to date, no response has been received by the staff of the Board.

The Department of Defense Military Pay and Allowances Entitlements Manual (also known as the DoD Pay Manual) provides in pertinent part, that disability severance pay is computed on the grade or rank in which the member is serving at separation, the permanent Reserve grade held at separation, the highest temporary or permanent grade or rank in which member served satisfactorily, as determined by the Secretary of the Service concerned, or to the grade or rank to which the member would have been promoted if the disability had not occurred (on promotion selection list).

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant was serving in the pay grade of E-3 when he was separated and was properly paid severance pay in that grade in accordance with the applicable laws and regulations.

2.  The applicant's contention that he should have been paid severance pay based on highest grade satisfactorily held has been noted by the Board and appears to be without merit.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___jhl ___  __elp ___  ___rvo __  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002078654	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/03/27	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  291	128.0800/SEV PAY	
2.		
3.		
4.		
5.		
6.