BOARD DATE:	  6 July 2010

		DOCKET NUMBER:  AR20100017246 


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).


CONSIDERATION OF ADDITIONAL EVIDENCE:

23.  On 15 June 2010 new information was received from the Defense Finance and Accounting Service (DFAS), Retired and Annuity Pay section in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090004700, dated 3 November 2009.

24.  The evidence submitted consists of a DFAS memorandum advising the Board that they can not execute the actions directed as set forth in the decisional document.

25.  DFAS advises that if a service member is discharged with severance pay he/she cannot be transferred to the Retired Reserve.  A member cannot be retired from a discharged with severance pay status. 

26.  Army Regulation 635-5-1 (Separation Program Designators (SPD)), the version in effect at the time, stated that the SPD "MFR" would be used when the reason for separation was involuntary discharge due to “Physical disability - other.”  

27.  SPD "MFR" was to be utilized for service members who qualify for physical disability with severance pay and qualify for retirement at age 60 and elect to receive Reserve Retirement in lieu of severance pay.  

28.  When the SPD "MFR" is utilized the statement, "The Soldier has been separated by reason of physical disability and has selected Reserve Retirement In-Lieu of Severance: No Severance Pay is Authorized" will be entered at block 18 (Remarks) on the DD Form 214.

ADDITIONAL DISCUSSION AND CONCLUSIONS:

16.  At the time of the decision of the ABCMR in Docket Number AR20090004700, dated 3 November 2009, it was the intent of the ABCMR to make the applicant’s record as administratively correct as it should properly have been at the time.

17.  The wrong SPD code and narrative reason for separation were inadvertently utilized in the correction of the applicant's records to show he elected Reserve Retirement in lieu of severance pay.  This resulted in the inability of DFAS to properly finalize its actions.  

18.  It is appropriate to correct the decisional document to show the proper SPD code and narrative reason by deleting the Board Determination/Recommendation items b through e and replacing them as follows:

	b.  correcting his DD Form 214 and/or any related documents to show he was separated due to physical disability - other with an SPD of MFR;

	c.  adding at block 18 on the DD Form 214 the statement, "The Soldier has been separated by reason of physical disability and has selected Reserve Retirement In-lieu of Severance: No Severance Pay is Authorized";

	d.  correcting his NGB Form 22 to show he was separated due to physical disability - other and transferred to the Retired Reserve;

	e.  showing he was placed on the Retired List with entitlement to retired pay as of the date of his 60th birthday, 26 June 2008; and

	f.  having DFAS do a full audit of the applicant's pay records, coordinating with the VA, to determine the monetary amounts the applicant is entitled to as a result of the above corrections and, upon final calculation by DFAS, contacting the applicant to coordinate a schedule for any repayment of the remaining disability severance pay overpayment.

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 amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20090004700, dated 3 November 2009, by deleting the Board Determination/Recommendation items b through e and replacing them as follows:

	b.  correcting his DD Form 214 and/or any related documents to show he was separated due to physical disability - other with an SPD of MFR;

	c.  adding at block 18 on the DD Form 214 the statement, "The Soldier has been separated by reason of physical disability and has selected Reserve Retirement In-Lieu of Severance: No Severance Pay is Authorized";

	d.  correcting his NGB Form 22 to show he was separated due to physical disability - other and transferred to the Retired Reserve;

	e.  showing he was placed on the Retired List with entitlement to retired pay as of the date of his 60th birthday, 26 June 2008; and

	f.  having DFAS do a full audit of the applicant's pay records, coordinating with the VA, to determine the monetary amounts the applicant is entitled to as a result of the above corrections and, upon final calculation by DFAS, contacting the applicant to coordinate a schedule for any repayment of the remaining disability severance pay overpayment.



      _______ _  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)                                         AR20100017246





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Supplemental Record of Proceedings (cont)                 AR20100017246



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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