| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | ||
| Mr. John P. Infante | Member | ||
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: In effect, that she be provided full separation pay in lieu of the half separation pay she received.
APPLICANT STATES: In effect, that she believes the record to be unjust simply because she met all the criteria necessary to warrant full separation pay. Additionally, although she separated involuntarily, her record verifies that she served honorably for 13 ½ years only to have circumstances prevent her from reaching retirement. She also claims that when she inquired as to why she was receiving only half separation pay during her out-processing, she was only told that is the way it is. She comments that this is a slap in the face to many veterans who would have preferred to complete the 20 years necessary for retirement, but were unable to do so. She claims that her record of service is stellar and she was never in trouble during her tenure on active duty. Further, she received awards recognizing her honor, loyalty, and dedication to her country. Finally, she requests that the decision to grant her half separation pay be reconsidered and she be provided full separation pay in accordance with Title 10 of the United States Code, section 1174 (10 USC 1174) and the Department of Defense (DOD) Financial Management Regulation.
EVIDENCE OF RECORD: The applicant's military records show:
She served on active duty for 13 years, 4 months, and 21 days, from 18 March 1987 to 8 August 2000, at which time she was honorably separated, in the rank of staff sergeant/E-6 (SSG/E-6).
Orders Number 214-0001, dated 1 August 2000, issued by Headquarters,
3d Infantry Division (Mechanized) and Fort Stewart, Fort Stewart, Georgia, authorized the applicant’s transfer to the Transition Point for transition processing and her discharge on 8 August 2000. The additional instructions portion of these orders confirm that the applicant was entitled to half separation pay based on the authority and reason for her discharge.
The separation document (DD Form 214) that was issued to and authenticated by the applicant on the date of her discharge confirms that during her active duty tenure she earned the following awards: Meritorious Service Medal; Army Commendation Medal (3rd Award); Joint Service Achievement Medal; Army Achievement Medal (3rd Award); Army Good Conduct Medal (4th Award); National Defense Service Medal; Noncommissioned Officer Professional Development Ribbon with Numeral 2; Army Service Ribbon; Overseas Service Ribbon
(2nd Award); Army Lapel Button; and the Expert Marksmanship Badge
(Rifle, Grenade).
The DD Form 214 also confirms that the applicant was honorably discharged under the provisions of paragraph 5-9, Army Regulation 635-200, by reason of parenthood. It also verifies that she was accordingly assigned a Separation Program Designator (SPD) code of JDG and a reentry (RE) code of RE-3.
10 USC 1174 contains the legal authority for the payment of separation pay upon involuntary discharge or release from active duty. It states, in pertinent part, that a member who is discharged involuntarily or as the result of the denial of the reenlistment and who has completed six or more, but less than 20, years of active service immediately before that discharge is entitled to separation pay unless the Secretary of the service concerned determines that the conditions under which the member is discharged do not warrant payment of such pay. The authority for disbursing payments of separation pay is contained in paragraph 3502 of the DOD Financial Management Regulation.
In accordance with 10 USC 1174, the Army established its policy and procedure for the payment of separation pay in Department of the Army Circular 635-92-1, which outlines the eligibility criteria for the payment of separation pay. Paragraph 2-3 contains guidance on categories of separations that qualify for half separation pay and it states, in pertinent part, that half payment of separation pay is authorized to soldiers who meet the basic eligibility criteria for separation pay and who are not fully qualified for retention and are involuntarily separated.
Appendix E contains tables outlining the different levels of separation pay authorized based on the authority and reason for a member’s separation. Table E-2 contains a list of the regulatory authorities for separation that authorize half separation pay and this list includes paragraph 5-8, Army Regulation 635-200 (Involuntary Separation for Parenthood).
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The Board notes the applicant’s contention that she should receive full separation pay in lieu of the half separation pay she received at the time of her discharge. However, it finds an insufficient regulatory basis to grant this requested relief.
2. By regulation, members separated involuntarily by reason of parenthood are authorized half separation pay. The Board acknowledges and congratulates the applicant on her honorable service; however, this is not a sufficient basis to change the level of separation pay she was authorized to receive at discharge.
3. The evidence of record confirms the applicant was involuntarily discharged by reason of parenthood in accordance with applicable regulations; and that she was appropriately authorized half separation pay based on the authority and reason for her discharge. Therefore, the Board concludes that there is no error or injustice related to the half separation pay authorized the applicant and it finds the requested relief is not warranted in this case.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
5. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__RVO__ _ _JPI__ __RKS DENY APPLICATION
| CASE ID | AR2001060143 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/03/07 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 2000/08/08 |
| DISCHARGE AUTHORITY | AR 635-200 Para 5-8 |
| DISCHARGE REASON | Parenthood |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 283 | 128.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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