IN THE CASE OF:	  

		BOARD DATE:	  15 January 2015

		DOCKET NUMBER:  AR20140009869 


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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the amount of severance pay she received was $14,926.80 instead of $41,926.80.

2.  The applicant states her DD Form 214 incorrectly lists the amount of severance pay she received and her DD Form 214 has been entered into the Department of Veterans Affairs system.

3.  The applicant provides:

* Internal Revenue Service Form W-2c (Corrected Wage and Tax Statement)
* DD Form 214
* Headquarters, 101st Airborne Division, Orders 278-0709, dated 5 October 2005
* Headquarters, 101st Airborne Division, Orders 279-0701, dated 6 October 2005
* Enlisted Record Brief (ERB)

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 23 July 2004.

3.  On 31 March 2005, the applicant was issued a DA Form 3349 (Physical Profile) for chronic left patellar subluxation and bilateral chronic hip pain.  

4.  Her DA Form 3947 (Medical Evaluation Board (MEB) Proceedings), dated 19 August 2005, shows she was diagnosed with the following conditions and referred to a PEB:

* constant left chronic subluxating patella that interfered with duty
* constant bilateral hip pain that interfered with duty

5.  Her DA Form 199 (PEB Proceedings), dated 29 August 2005, shows she was diagnosed with chronic pain due to subluxing patella and bilateral hip pain and found physically unfit.  She was assigned a 10-percent disability rating for her condition and recommended for separation with severance pay.

6.  Headquarters, 101st Airborne Division, Orders 279-0701, dated 6 October 2005, amended Headquarters, 101st Airborne Division, Orders 278-0709, dated 5 October 2005, to read:  "YOU ARE AUTHORIZED DISABILITY SEVERANCE PAY IN PAY GRADE E4 BASED ON 3 YEARS, 6 MONTHS, 12 DAYS OF SERVICE AS COMPUTED UNDER SECTION 1208, SECTION 10, UNITED STATES CODE."

7.  On 15 December 2005, the applicant was honorably discharged by reason of disability with severance pay.  Item 18 (Remarks) of her DD Form 214 shows she was authorized severance pay in the amount of $41,296.80.

8.  Her Master Military Pay Account (MMPA) maintained by the Defense Finance and Accounting Service (DFAS) shows she received $14,296.80 in disability severance pay.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated to enter the type of pay and amount, as indicated by the finance office, for a Soldier receiving separation/readjustment or non-disability severance pay in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 reflects that her disability severance pay amount was $41,296.80.  However, her MMPA history from DFAS verifies that she was awarded $14,296.80 in disability severance pay.

2.  It appears that an administrative error occurred when the amount of disability severance pay was entered on her DD Form 214.  Therefore, it would be appropriate to amend item 18 on her DD Form 214 to show her disability severance pay amount as $14,296.80.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending item 18 of her DD Form 214 to show the entry "DISABILITY SEVERANCE PAY--$14,296.80."



      ______________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)                                         AR20140009869



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ABCMR Record of Proceedings (cont)                                         AR20140009869



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