Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002082694C070215
Original file (2002082694C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 15 April 2003
         DOCKET NUMBER: AR2002082694


         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. Joseph A. Adriance Analyst

The following members, a quorum, were present:

Ms. Joann H. Langston Chairperson
Mr. Richard T. Dunbar Member
Ms. Yolanda Maldonado 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 separation document (DD Form 214) be amended to show the correct amount of severance pay he received in connection with his disability separation.

3. The applicant states, in effect, that the amount of disability severance pay reported on his DD Form 214, $60,480.00, was incorrect. He claims that the actual amount of severance pay he received was $46,821.60, and he would like his DD Form 214 corrected to reflect the accurate figure.

4. The applicant’s military records show that he served on active duty in the Regular Army for 15 years, 11 months, and 29 days, from 26 September 1980 through 24 September 1996.

5. The DD Form 214 issued to the applicant on the date of his separation
shows that he was honorably discharged, in the rank and pay grade of
staff sergeant/E-6, under the provisions of paragraph 4-24B(3), Army Regulation 635-40, by reason of disability-severance pay. It also contains the entry “Disability Severance Pay - $60,480.00” in Item 18 (Remarks), which indicates that this is the amount of severance pay he received in connection with his disability discharge.

6. The applicant provides a memorandum from the Assistant Deputy Director, Special Processing Branch, Army Military Pay Operations, Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, which confirms that the applicant’s final pay account shows that the gross amount of disability severance pay he received at the time of his discharge was $46,821.60.

CONCLUSIONS:

1. The Board notes the applicant’s contention that amount of severance pay recorded in the remarks section of his separation document is incorrect, and it finds this claim has merit.

2. The evidence confirms that the gross amount of severance pay the applicant received in connection with his disability separation was $46,821.60, and not the $60,480.00 now entered in Item 18 (Remarks) of his 24 September 1996
DD Form 214. Therefore, the Board concludes that it would be appropriate to correct the applicant’s separation document to reflect the correct amount of severance pay he received.

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 amending the 24 September 1996 DD Form 214 of the individual concerned by changing Item 18 (Remarks) as follows: Delete the current entry “Disability Severance Pay - $60,480.00” and replace it with the entry “Disability Severance Pay - $46,821.60; and by providing him a corrected DD Form 214 that reflects this change.

BOARD VOTE:

___jhl___ ___ym __ __rtd ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Joann H. Langston____
                  CHAIRPERSON




INDEX

CASE ID AR2002082694
SUFFIX
RECON
DATE BOARDED 2003/04/15
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 1996/09/24
DISCHARGE AUTHORITY AR 635-40
DISCHARGE REASON Disability – Severance Pay
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 1021 100.0000
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2012 | 20120011581

    Original file (20120011581.txt) Auto-classification: Approved

    Military Personnel Message Number 06-147, dated 23 May 2006, Subject: DD Form 214, Separation/Readjustment/Severance Pay (Disability or Nondisability) Annotation, states when a Soldier receives disability severance pay, the "Gross" (not NET) amount is requested from DFAS and entered in item 18 of the DD Form 214. The evidence further shows DFAS calculated payment and he received gross severance pay in the amount of "$9,869.40" on 30 June 2011. Based on the foregoing evidence, his DD Form...

  • ARMY | BCMR | CY2008 | 20080005864

    Original file (20080005864.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of the amount of severance pay shown in item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 July 2006. Item 18 on his DD Form 214 for the period ending 26 July 2006 shows his disability severance pay was $53,768.40. For a Soldier receiving separation/readjustment or severance pay (as indicated by the finance office), enter type of pay and amount.

  • ARMY | BCMR | CY2008 | 20080003721

    Original file (20080003721.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of Item 18 (Remarks) on her DD Form 214 (Certificate of Release or Discharge from Active Duty), to show she received “$61,956.57” instead of “$85,791.43” in Special Separation Benefit (SSB) pay. If a member who has received an SSB payment becomes eligible for retired pay, recoup from the member the gross amount of SSB received, as shown on the member’s DD Form 214 [emphasis added]. The applicant wants the amount of the SSB payment on her DD...

  • ARMY | BCMR | CY2007 | 20070014909

    Original file (20070014909.txt) Auto-classification: Approved

    The applicant requests correction of the amount of severance pay shown in item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show $40,809.60. This message states, in pertinent part, that when a Soldier receives separation/readjustment/severance pay (disability or non-disability), the “Gross” (not NET) amount will be requested from Finance and the gross amount of the applicable pay will be entered in item 18 on the DD Form 214. As a result, the...

  • ARMY | BCMR | CY2013 | 20130019890

    Original file (20130019890.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). His DD Form 214 shows in item 18 – Disability Severance Pay -- $21,667.20. Therefore, his DD Form 214 should be corrected to show the amount of $13,542.00 in severance pay.

  • ARMY | BCMR | CY2009 | 20090016367

    Original file (20090016367.txt) Auto-classification: Approved

    The applicant was discharged on 7 April 1996 under the provisions of Army Regulation 635-40, paragraph 4-24b(3) by reason of physical disability with entitlement to severance pay. The applicant’s pay records at DFAS confirm he had a $15,579.82 debt at the time of his discharge. The applicant has not provided sufficient evidence which confirms he did not receive his disability severance pay.

  • ARMY | BCMR | CY2013 | 20130017884

    Original file (20130017884.txt) Auto-classification: Approved

    His DD Form 214 shows in item 18 – Disability Severance Pay -- $16,164.00. Military Personnel Message Number 06-147, dated 23 May 2006, subject: DD Form 214, Separation/Readjustment/Severance Pay (Disability or Nondisability) Annotation, states when a Soldier receives disability severance pay, the "Gross" (not net) amount is requested from DFAS and entered in Item 18 of the DD Form 214. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the...

  • ARMY | BCMR | CY2010 | 20100023301

    Original file (20100023301.txt) Auto-classification: Approved

    His DD Form 214 issued at the time shows he was honorably discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, and Separation), paragraph 4-24e(3). Military Personnel Message Number 06-147, dated 23 May 2006, subject: DD Form 214, Separation/Readjustment/Severance Pay (Disability or Nondisability) Annotation, states when a Soldier receives disability severance pay, the "Gross" (not NET) amount is requested from DFAS and entered in item 18...

  • ARMY | BCMR | CY2010 | 20100025664

    Original file (20100025664.txt) Auto-classification: Approved

    The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * the correct amount of her separation pay * the correct dates of active duty service 2. The applicant states: * item 18 (Remarks) of her DD Form 214 shows she received $20,191.50 in separation pay but she actually received $9,572.72 * her DD Form 214 shows she entered active duty on 10 August 1997 and she was honorably released from active duty on 18 February 2010 * she was...

  • ARMY | BCMR | CY2005 | 20050000585C070206

    Original file (20050000585C070206.doc) Auto-classification: Approved

    The applicant was honorably discharged from active duty on 21 July 2003 under the provisions of Army Regulation 635-40, paragraph 4-24b(3) based on physical disability with severance pay. The applicant's DD Form 214 reflects that his disability severance pay amount was $38035.00. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.