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ARMY | BCMR | CY2001 | 2001058992C070421
Original file (2001058992C070421.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 28 August 2001
         DOCKET NUMBER: AR2001058992


         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. William Blakely Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. Richard T. Dunbar Member
Mr. Donald P. Hupman, Jr. 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 Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to show he received $6,080.04 in disability severance pay.

3. The applicant states, in effect, that his DD Form 214 incorrectly shows he received disability severance pay in the amount of $11,577.60. In support of his application he provides a copy of his Statement of Military Pay Account
(DFAS –DE Form 0-641) and a copy of his DD Form 214.

4. The applicant’s military records show that he enlisted in the Army on
16 November 1998 for 3 years. He was awarded military occupational specialty (MOS) 92Y (Supply Specialist). The highest rank and pay grade he attained while on active duty was the rank of specialist (E-4). On 14 November 1995, the applicant was honorably discharged from the Army under the provisions of Army Regulation 635-40, paragraph 24b(3), due to physical disability with severance pay. He completed 1 year, 11 months and 29 days of creditable active service.

5. Item 18 (Remarks) of the applicant’s DD Form 214 indicates a disability severance payment of $11,577.60. In addition, the applicant was not available to verify and sign the DD Form 214.

6. The DFAS –DE Form 0-641 submitted by the applicant shows he was entitled to disability severance pay in the amount of $6,080.04.

7. In the processing of this case a staff member of the Board contacted the Defense Finance Accounting Service (DFAS) to verify the amount of severance pay that the applicant was paid upon his separation from the Army. DFAS confirmed that the applicant received severance pay in the amount of $6,080.04.

8. Army Regulation 635-40 sets forth the basic authority for the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability. Paragraph 4-24b(3) provides for separation for physical disability with severance pay.

CONCLUSIONS:

1. The applicant’s contention that his DD Form 214 incorrectly shows he received disability severance pay in the amount of $11,577.60 is true. DFAS and
DFAS –DE Form 0-641 both confirm that the applicant was entitled to disability severance pay in the amount of $6,080.04, and that he was paid as such.

2. The Board finds that the severance pay shown in item 18 (Remarks) of the applicant’s DD Form 214 is in error and should be corrected to read $6,080.04.

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, particularly the DD Form 214 issued on 14 November 1995 to the individual concerned, be corrected by showing his disability severance pay as being $6,080.40.


BOARD VOTE:

___JNS__ __RTD__ __DPH__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____John N. Slone_____
                  CHAIRPERSON




INDEX

CASE ID AR2001058992
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2001/08/28
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 128.08
2.
3.
4.
5.
6.



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