| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Mr. Ted S. Kanamine | Chairperson | |
| Mr. John T. Meixell | Member | |
| Mr. Harry B. Oberg | Member |
APPLICANT REQUESTS: That he be paid back the severance pay that has been recouped from him.
APPLICANT STATES: That although he was told he would be given severance pay if he agreed to transfer to the Inactive (sic) Ready Reserve (IRR), he was later told that he was paid severance pay in error. That resulted in the collection of his severance pay, even though he consented to be assigned to the IRR as a condition for receiving the severance pay.
EVIDENCE OF RECORD: The applicant's military records could not be located. The following information was derived from documents supplied by the applicant, himself.
He enlisted in the Army Reserve Delayed Entry Program (DEP) on 19 July 1994, and in the Regular Army on 26 June 1995. He was awarded the military occupational specialty of power generator equipment repairer, and was promoted to pay grade E-4. He was honorably released from active duty on 8 February 2001 by reason of weight control failure. He had 5 years, 7 months and 13 days of active service. Both the applicant’s DD Form 214 and the orders discharging him stated that he was entitled to half involuntary separation pay.
On 26 December 2001, the Department of Defense Finance and Accounting Office (DFAS) notified the applicant that he was erroneously given separation pay because he did not have 6 years of active duty.
Army Regulation 635-200, paragraph 1-36, states that it is mandatory to transfer soldiers to the IRR who are separated for failure to meet Army weight control standards.
Title 10, U.S. Code, section 1174, provides that a regular enlisted member of an armed force who is discharged involuntarily or as the result of the denial of the reenlistment of the member and who has completed six or more, but less than 20, years of active service immediately before that discharge is entitled to separation pay computed under subsection (d) unless the Secretary concerned determines that the conditions under which the member is discharged do not warrant payment of such pay.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. The applicant was not entitled to involuntary separation pay because he did not have 6 years of active duty.
2. It would appear that the error was made when someone processing the applicant’s separation mistook his enlistment into the DEP as his enlistment into the Regular Army.
3. While an error was made, the only adverse affect on the applicant is the requirement for him to pay back his separation pay. His assignment to the IRR is not an issue in this case. Since the applicant was on his initial enlistment, his statutory 8-year military service obligation does not expire until 26 June 2003. Therefore, by regulation he was required to be transferred to the IRR regardless of whether he received separation pay or not.
4. 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
___jtm___ ___tsk___ ___hbo__ DENY APPLICATION
| CASE ID | AR2002067298 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020711 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 128.10 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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