IN THE CASE OF: BOARD DATE: 14 May 2009 DOCKET NUMBER: AR20080019403 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, that the separation pay entry in block 18 (Remarks) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) be removed. 2. The applicant states, in effect, she was not eligible for and did not receive separation pay because she did not complete 6 years of service; however, an entry was made in block 18 of her DD Form 214 that indicates she received separation pay in the amount of $7,640.82. 3. The applicant provides her DD Form 214 in support of her application. CONSIDERATION OF EVIDENCE: 1. The applicant's record shows that she enlisted in the Regular Army and entered active duty on 20 August 2002, and she was trained in and awarded military occupational specialty (MOS) 88M (Motor Transport Operator). Her record also shows that she was promoted to sergeant on 1 July 2005, and that this is the highest rank she attained while serving on active duty. 2. The applicant's record shows she continuously served on active duty for 5 years, 8 months and 23 days until being honorably discharged under the provisions of paragraph 5-8, Army Regulation 635-200, by reason of parenthood on 12 May 2008. 3. The DD Form 214 issued to the applicant on 12 May 2008, the date of her discharge, contains the entry "Separation Pay - - $7,640.82" in Item 18, which indicates she received this amount of separation pay at the time of her discharge. Her separation orders, dated 9 April 2008, noted that she was entitled to one-half separation pay in accordance with Title 10, U. S. Code, section 1174. 4. During the processing of this case, Defense Finance and Accounting Service (DFAS) personnel completed a review of the applicant's pay record and confirmed that although a separation pay entry was input in December 2008, payment was never released. DFAS officials further confirmed that the applicant is not entitled to separation pay because she did not complete 6 years of active service, and that her finance record will be corrected and she will be issued a corrected Form W-2 (Wage and Tax Statement) for 2008, and that separation orders and her DD Form 214 should be corrected accordingly. 5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains preparation instructions for the DD Form 214. The instructions for Item 18 state, in pertinent part, to use the block for Headquarters, Department of the Army (HQDA) mandatory requirements when a separate block is not available, and as a continuation for entries in blocks 11, 13, and 14. DISCUSSION AND CONCLUSIONS: The applicant's contention that the separation pay entry in block 18 of her DD Form 214 should be removed was carefully considered and found to have merit. A review of the applicant's pay record by DFAS officials confirmed the applicant was not entitled to and did not receive separation pay because she had not completed 6 years of active service. Therefore, it would be appropriate to correct her DD Form 214 and her separation orders accordingly. 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: a. amending her separation orders, dated 8 April 2008, to show that she was not entitled to separation pay; b. deleting the current separation pay entry in block 18 of her DD Form 214; c. replacing it with the entry "Separation Pay - None"; and d. providing her a correction to the DD Form 214 that includes this change. _______ _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) AR20080019403 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080019403 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1