| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Lester Echols | Member | |
| Mr. Thomas Lanyi | Member |
2. The applicant requests that his report of separation (DD Form 214) be corrected to reflect the correct of amount of disability separation pay/compensation he received at the time of his discharge.
3. The applicant states, in effect, that he received $13,442.40 in disability compensation; however, at the time of his discharge, his DD Form 214 incorrectly reflected that he received $134420.40. In support of his application he submits a copy of his disability compensation worksheet, a copy of his DD Form 214, and a copy of his bank transaction summary showing the deposit of his compensation payment after taxes.
4. The applicant’s military records show that he enlisted in the pay grade of E-4, in Brooklyn, New York, on 29 January 1998, for a period of 5 years, training as a visual information/audio equipment repairer, and enrollment in the college loan repayment program.
5. He completed his training and remained on active duty until he was honorably discharged on 26 May 2002, under the provisions of Army Regulation 635-40, for disability with entitlement to severance pay. He had served 4 years, 3 months and 28 days of total active service and his DD Form 214 indicates that he received $134420.40 in disability severance pay.
6. The Physical Evaluation Board Liaison Officer (PEBLO) Estimated Disability Compensation Worksheet (DA Form 5892-R) provided by the applicant with his application, shows that he was entitled to an estimated (10%) disability severance pay of twice his base pay of $1680.30 ($3360.60), multiplied by 4 years of service (12 Years is the maximum limit). The total indicated was $13,442.40.
7. The banking transaction summary provided by the applicant shows that on 6 June 2002, a deposit was made to his account by the Defense Finance and Accounting Service (DFAS) – Indiana, in the amount of $11,733.75.
8. If the applicant had received the maximum severance pay allowed for 12 years of service he would have received $40,327.20
CONCLUSIONS:
1. It is apparent from the available evidence that an administrative error at the time of separation resulted in an incorrect amount of severance pay being entered on the applicant’s DD Form 214. Even had the applicant received the maximum amount allowed, it would not come close to the amount indicated on his DD Form 214.
2. Accordingly, it would be in the interest of justice at this time to correct his DD Form 214 to show that he received $13,442.40 in disability severance pay, instead of the amount of $134420.40 that is currently reflected on that form.
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 be corrected by showing that the individual concerned received $13,442.40 in disability severance pay instead of $134420.40, as currently reflected on his DD Form 214.
BOARD VOTE:
__fe____ _le______ ___tl____ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
____Fred Eichorn ______
CHAIRPERSON
| CASE ID | AR2002077076 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/11/21 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. 291 | 128.0800/SEV PAY |
| 2. 189 | 110.0000/CORR 214 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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