PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            15 April 2003   
	DOCKET NUMBER:   AR2002082694

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

	Mr. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Ms. Yolanda Maldonado		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that his separation document (DD Form 214) be amended to show the correct amount of severance pay he received in connection with his disability separation.  

3.  The applicant states, in effect, that the amount of disability severance pay reported on his DD Form 214, $60,480.00, was incorrect.  He claims that the actual amount of severance pay he received was $46,821.60, and he would like his DD Form 214 corrected to reflect the accurate figure.  

4.  The applicant’s military records show that he served on active duty in the Regular Army for 15 years, 11 months, and 29 days, from 26 September 1980 through 24 September 1996.  

5.  The DD Form 214 issued to the applicant on the date of his separation 
shows that he was honorably discharged, in the rank and pay grade of 
staff sergeant/E-6, under the provisions of paragraph 4-24B(3), Army Regulation 635-40, by reason of disability-severance pay.  It also contains the entry “Disability Severance Pay - $60,480.00” in Item 18 (Remarks), which indicates that this is the amount of severance pay he received in connection with his disability discharge.  

6.  The applicant provides a memorandum from the Assistant Deputy Director, Special Processing Branch, Army Military Pay Operations, Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, which confirms that the applicant’s final pay account shows that the gross amount of disability severance pay he received at the time of his discharge was $46,821.60.  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that amount of severance pay recorded in the remarks section of his separation document is incorrect, and it finds this claim has merit.  

2.  The evidence confirms that the gross amount of severance pay the applicant received in connection with his disability separation was $46,821.60, and not the $60,480.00 now entered in Item 18 (Remarks) of his 24 September 1996 
DD Form 214.  Therefore, the Board concludes that it would be appropriate to correct the applicant’s separation document to reflect the correct amount of severance pay he received.  

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by amending the 24 September 1996 DD Form 214 of the individual concerned by changing Item 18 (Remarks) as follows:  Delete the current entry “Disability Severance Pay - $60,480.00” and replace it with the entry “Disability Severance Pay - $46,821.60; and by providing him a corrected DD Form 214 that reflects this change.  

BOARD VOTE:  

___jhl___  ___ym __  __rtd  ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Joann H. Langston____
		        CHAIRPERSON

INDEX

CASE ID	AR2002082694	
SUFFIX		
RECON		
DATE BOARDED	2003/04/15	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1996/09/24	
DISCHARGE AUTHORITY	AR 635-40	
DISCHARGE REASON	Disability – Severance Pay	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000	
2.		
3.		
4.		
5.		
6.