| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Ms. Joann H. Langston | Chairperson | |
| Mr. Raymond V. O’Connor, Jr. | Member | |
| Ms. Eloise C. Prendergast | Member |
APPLICANT REQUESTS: that he be paid severance pay based on the pay grade of E-5 instead of E-3.
APPLICANT STATES: That he was paid severance pay based on his pay grade at the time of separation instead of the highest grade he held, which was E-5.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted on 18 September 1996 for a period of 3 years and training as a combat engineer. On 19 November 1998, while serving in the pay grade of E-4, he reenlisted for a period of 4 years, assignment to Fort Carson, Colorado, and a selective reenlistment bonus. He was promoted to the pay grade of E-5 on 15 December 2000.
On 16 May 2001, nonjudicial punishment (NJP) was imposed against the applicant for being drunk and disorderly and for assaulting his wife in his quarters. His punishment consisted of a reduction to the pay grade of E-4, a forfeiture of pay (suspended until 16 July 2001) and extra duty.
Although the record of NJP is not contained in the available records, his records show that he was reduced to the pay grade of E-3 on 14 February 2002.
On 20 September 2002, the applicant was honorably discharged in the pay grade of E-3, under the provisions of Army Regulation 635-40, paragraph 4-24B(3), by reason of disability with severance pay. He had served 6 years and 3 days of total active service and was paid $17,622.00 in severance pay.
In the processing of this case a staff advisory opinion was obtained from the Total Army Personnel Command (PERSCOM) Retirements and Separations Branch, which opined, in effect, that the applicant was properly paid severance pay in the pay grade he held at the time of separation. The opinion was provided to the applicant for comment and to date, no response has been received by the staff of the Board.
The Department of Defense Military Pay and Allowances Entitlements Manual (also known as the DoD Pay Manual) provides in pertinent part, that disability severance pay is computed on the grade or rank in which the member is serving at separation, the permanent Reserve grade held at separation, the highest temporary or permanent grade or rank in which member served satisfactorily, as determined by the Secretary of the Service concerned, or to the grade or rank to which the member would have been promoted if the disability had not occurred (on promotion selection list).
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 applicant was serving in the pay grade of E-3 when he was separated and was properly paid severance pay in that grade in accordance with the applicable laws and regulations.
2. The applicant's contention that he should have been paid severance pay based on highest grade satisfactorily held has been noted by the Board and appears to be without merit.
3. 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.
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
___jhl ___ __elp ___ ___rvo __ DENY APPLICATION
| CASE ID | AR2002078654 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/03/27 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 291 | 128.0800/SEV PAY |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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