| Mr. Carl W. S. Chun | Director | |
| Ms. Carolyn Wade | Analyst |
| Mr. Raymond J. Wagner | Chairperson | |
| Ms. Linda D. Simmons | Member | |
| Ms. Marla J. N. Troup | Member |
2. The applicant requests, in effect, that she be paid the correct amount of disability severance pay.
3. The applicant states, in effect, that her disability severance pay was incorrectly calculated because a mistake was made in computing her time-in-service. She adds that her DD Form 214 (Certificate of Release or Discharge from Active Duty) reflects that she received $12,796.80, but she only received $5,000.00. In support of her request, she submits a copy of her DD Form 214 and an inquiry from her credit union.
4. The applicant’s military records show she enlisted in the United States Army Reserve (USAR) on 24 September 1998 for the 6X2 Enlistment Option. She enlisted for the Alternate Training Program in military occupational specialty (MOS) 92A, Automated Logistical Specialist. She also enlisted for the Educational Incentive Program, which included the Montgomery GI Bill, SRIP (Selected Reserve Incentives Program) and SLRP (Student Loan Repayment Program).
5. On 27 October 1998, the applicant was ordered to IADT (initial active duty for training) for 22 weeks. During basic combat training at Fort Jackson, South Carolina, the applicant suffered stress fractures to both legs. She completed basic training and was transferred to Fort Lee, Virginia.
6. On 9 March 1999, the applicant received follow-up care at Kenner Army Health Clinic, Fort Lee. It was noted that she had stress fractures to both legs and that the fractures occurred in the line of duty. She was advised to seek follow-up care at a Military Treatment Facility nearest her place of residence.
7. The applicant completed all required military training and was awarded MOS 92A. On 26 April 1999, she was honorably released from IADT and was assigned to the 854th Quartermaster Company, Logan, Utah.
8. On 8 February 2000, the applicant joined the 651st Quartermaster Company, Ogden, Utah.
9. On 7 March 2000, the applicant enlisted in the Regular Army. She served without incident and was honorably discharged on 29 April 2002. She completed 2 years, 1 month, and 23 days of active military service and was credited with a total of 2 years, 7 months, and 23 days of active military service. Her DD Form 214 also shows she was paid $12, 796.80 in disability severance pay.
10. On 30 September 2003, the Defense Finance and Accounting Service (DFAS) provided clarification on the amount of severance pay the applicant received. The DFAS confirmed that the applicant received disability severance pay in April 2002, in the amount of $4, 254.94 (Gross $6, 398.40, minus federal tax $1, 727.57, minus state tax $415.89).
11. The applicant’s monthly basic pay as a specialist/E-4 with more than 2 years of service for pay purposes was $1, 517.70. Disability severance pay based on twice the applicant’s monthly basic pay times 3 years equals $9, 106.20.
12. Disability severance pay is governed by Title 10 USC § 1212. It specifies the requirements that must be met in order to compute disability severance pay. Disability severance pay is computed by multiplying the number of years of active service by double the amount of monthly basic pay. A part of a year of active service that is 6 months or more is counted as a whole year, and a part of a year that is less than 6 months is disregarded.
CONCLUSIONS:
1. The gross amount of disability severance pay stated on the applicant's DD Form 214 and the gross and net amounts stated in the 30 September 2003 DFAS advisory opinion appear to be incorrect.
2. The applicant's DD Form 214 clearly shows that she served a total of 2 years, 7 months, and 23 days of creditable active service. Based upon the formula prescribed in Title 10 USC § 1212, this service should have been rounded up to 3 full years for disability severance pay purposes.
3. Based upon the applicant's basic pay of $1,517.70 per month as an E-4 with over 2 years of service, the Board estimates her disability severance pay should have been $9,106.20 ($1,517.70 X 2 months X 3 years).
4. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
1. That the DFAS review this Board's calculation of the disability severance pay of the individual concerned and, upon verifying or correcting the calculation, make the necessary adjustment to her disability severance pay and pay her the corrected amount.
2. That all of the Department of the Army records related to this case be corrected by issuing the individual concerned a DD Form 215 (Correction to DD Form 214) showing the correct amount of gross disability severance pay that she was due on 29 April 2002.
BOARD VOTE:
__rjw___ __lds___ _mjnt___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Raymond J. Wagner
______________________
CHAIRPERSON
| CASE ID | AR2003084880 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20031028 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (GRANT) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 128.0800 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2012 | 20120022462
Overall, several errors were committed in relation to her pay in December 1998 and then her retirement formula, computation of her retired pay, the length of time she was placed on the TDRL, and the more recent debt that occurred as a result of an audit of her pay records by DFAS. The applicant provides: * Self-authored breakdown of each LES * Listing of what appears to be her credit report * Divorce decree * Audit Request Form * Letter, dated 3 August 2009, from DFAS * Letter, dated 22...
A complete copy of the evaluation is attached at Exhibit C. The Chief, Retirements Branch, Directorate, Personnel Program Mgmt, AFPC/DPPRR, reviewed this application and states the estimate the applicant received on 2 December 1997 clearly states “the dollar amount shown below is an estimate of your retirement pay.” This document also directs members to “Contact DFAS-CL for official retired pay estimates.” There is no evidence the applicant ever consulted that agency. They produced a...
ARMY | BCMR | CY2009 | 20090008252
The applicant provides a DFAS letter, dated 15 September 2008, which essentially states that as a result of his transfer from the TDRL to the Permanent Disability Retired List (PDRL) he was entitled to receive retired pay computed by one of two methods. The evidence of record shows that the applicant is currently receiving monthly compensation from the VA as a result of his disability. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
AF | BCMR | CY2013 | BC 2013 02212
Title 10 USC §1407(c)(1), indicates retired pay is calculated based on the 36 month average for individuals who entered military service after 7 Sep 80; however, individuals who retired under §12731 are exempt from retired pay being calculated based on the high 36 month average. A complete copy of the DFAS-JBJE/CL evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He was placed in the...
ARMY | BCMR | CY2008 | 20080013029
The applicant provides a copy of an Information Paper, dated 24 March 2008; her Physical Evaluation Board (PEB) proceedings; her PEBLO (Physical Evaluation Board Liaison Officer) Counseling Checklist/Statement; her Medical Evaluation Board (MEB) proceedings; her discharge orders from the Army National Guard of the United States (ARNGUS), dated 28 April 2008; a memorandum, subject: Physical Disability Separation, [name], PFC, [social security number], dated 28 April 2008; and her discharge...
ARMY | BCMR | CY2008 | 20080017317
Evidence of record clearly shows that item 18 of the applicants DD Form 214 which shows that she was paid $79,595.60 in disability severance pay is incorrect. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. _______ _ _XXX______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2009 | 20090016367
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 applicants 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 | CY2004 | 20040010630C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 SEPTEMBER 2005 DOCKET NUMBER: AR20040010630 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. Patrick McGann | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The computation made by the staff member of the Board resulted in a computation of...
ARMY | BCMR | CY2012 | 20120011581
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 | CY2012 | 20120004406
Senator regarding the applicant's SSB recoupment from his military retired pay account. (3) Issue Three: DODFMR, Volume 7B, Chapter 4, subparagraph 040602 B, further states no recoupment of SSB is required, regardless of when paid, if the disability for which the member receives DVA compensation was incurred or aggravated during a period of later active duty. There is no evidence in his records and he did not provide any evidence that shows DFAS has recouped an inappropriate amount of...