IN THE CASE OF:	  

		BOARD DATE:	  14 May 2015

		DOCKET NUMBER:  AR20140014877 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) by deleting from item 18 (Remarks) the entry "Separation Pay -- $17,709.30."

2.  He states that he declined separation pay and did not receive any separation pay upon his discharge from the Army.

3.  He provides his DD Form 214, discharge orders, final pay worksheet, and installation clearance record.

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.  On 21 May 2003, the applicant enlisted in the Regular Army (RA).

3.  Headquarters, 1st Infantry Division, Fort Riley, Orders 321-0018, dated
17 November 2009, reassigned the applicant to the Fort Riley Transition Center, for separation processing and discharge on 28 November 2009.  The additional instructions read:  "Soldier is entitled to half separation pay IAW [in accordance with] 10 USC 1174."

4.  His DD Form 214 shows he was honorably discharged on 28 November 2009 for the reason of completion of required active service.  He had completed 
10 years, 6 months, and 8 days of total active service.

5.  It also shows in item 18 (Remarks), in part:  "SEPARATION PAY - - $17,709.30."

6.  An email, dated 18 September 2014, from the Defense Finance and Accounting Service (DFAS) confirmed the applicant did not receive separation pay. 

7.  Army Regulation 635-5 (Separation Documents), as then in effect, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contained item-by-item instructions for completing the DD Form 214.  It showed for item 18, a Soldier receiving separation/readjustment or non-disability severance pay (as indicated by the finance office), to enter the type of pay and amount.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected by deleting from item 18 the entry "Separation Pay - - $17,709.30."

2.  The evidence of record shows the applicant was honorably discharged from the RA based on completion of required service.  His separation orders authorized him to receive to half separation pay of no specified amount.  However, there is no evidence of record showing he received separation pay at the time of discharge.  In addition, DFAS confirmed the applicant did not receive separation pay.

3.  Thus, based on the evidence of record, it is concluded that the applicant's separation orders and his DD Form 214 contain erroneous entries regarding separation pay.  Therefore, it would be appropriate to correct his records by deleting those entries from his separation documents.
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 Headquarters, 1st Infantry Division, Fort Riley, Orders 
321-0018, dated 17 November 2009, by deleting the additional instructions:  "Soldier is entitled to half separation pay IAW USC 10 1174"; and
   
b. deleting from item 18 of his DD Form 214 the entry, "SEPARATION PAY
 - - $17,709.30."



      _______ _   _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)                                         AR20140014877



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ABCMR Record of Proceedings (cont)                                         AR20140014877



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