RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 24 March 2005
DOCKET NUMBER: AR20040001816
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 |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Mr. Allen L. Raub | |Chairperson |
| |Mr. Ronald E. Blakely | |Member |
| |Mr. Robert Rogers | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that the amount of disability severance pay
listed in item 18 (Remarks) of his DD Form 214 (Certificate of Release or
Discharge from Active Duty) for the period ending 2 June 2001 be corrected.
2. The applicant states that the calculation of his severance pay was
wrong. It was corrected by Fort Meade, MD. They said he would receive a
corrected DD Form 214. He is paying the amount listed on the DD Form 214
back before he can draw Department of Veterans Affairs disability.
3. The applicant provides his DD Form 214; his separation orders; a fax
cover sheet dated 7 June 2001 from the Fort Meade, MD Defense Military Pay
Office; a Military Pay and Allowance Voucher dated 20 February 2002; and a
letter from the Defense Finance and Accounting Service (DFAS) dated 28
February 2002.
CONSIDERATION OF EVIDENCE:
1. After having had prior service in the Regular Army and the Army
National Guard, the applicant enlisted in the U. S. Army Reserve on 7
October 1988. He entered active duty in an Active Guard Reserve status on
5 November 1997.
2. The applicant's physical disability separation packet is not available.
On 2 June 2001, he was separated by reason of physical disability
with severance pay. Item 18 of his DD Form 214 for the period ending 2
June 2001 shows he was paid $54,621.00 in severance pay.
3. The fax cover sheet provided by the applicant indicates his severance
pay was $42,483.00 with taxes of $11,895.24 (for a total amount of
$30,587.76). The applicant annotated this cover sheet indicating that
$3,362.82 of that amount of $42,483.00 was not included in his severance
pay and he received a total of $27,224.94.
4. The applicant applied to this Board for remission or cancellation of
indebtedness to the Army in the amount of $3,362.82. The Board approved
his request on 8 November 2001. On or about 28 February 2002, the
applicant was reimbursed $3,362.82 by DFAS.
5. On 22 March 2005, DFAS confirmed that the applicant had been authorized
severance pay in the amount of $42,483.00 with taxes of $11,895.24.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was due to be paid
$30,587.76 in disability severance pay ($42,483.00 minus $11,895.24 in
taxes). He had been paid $27,224.94 and was later reimbursed $3,362.82
(for a total amount of $30,587.76).
2. The applicant's DD Form 214 for the period ending 2 June 2001 shows he
was paid $54,621.00 in disability severance pay. It should be corrected to
show he was paid $30,587.76.
BOARD VOTE:
__alr___ __reb___ __rr____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief. As a result, the Board recommends that the DD
Form 214 for the period ending 2 June 2001 of the individual concerned be
corrected by amending item 18 to show he was paid $30,587.76 in disability
severance pay.
___Allen L. Raub______
CHAIRPERSON
INDEX
|CASE ID |AR20040001816 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050324 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |100.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
-----------------------
[pic]
ARMY | BCMR | CY2004 | 20040008063C070208
Laverne V. Berry | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The SBP provided that military members could elect to have their retired pay reduced to provide for an annuity after death to surviving dependents. The applicant retired in 1977.
ARMY | BCMR | CY2014 | 20140004682
The applicant requests reimbursement of his medical premiums and the portion of Survivor Benefits Plan (SBP) benefits premiums and interest for the period from the date of his separation to the date his records were corrected to show he was medically retired. The applicant states he was unable to utilize his medical benefits as a retiree between the date of his separation and the date the Physical Disability Review Board of Review (PDBR) granted him medical retirement. c. If enrolled, the...
AF | BCMR | CY2013 | BC 2013 02102
________________________________________________________________ APPLICANT CONTENDS THAT: The Air Force Board for Correction of Military Records (AFBCMR) corrected his records in 2009 to allow him to enroll in the Enlisted College Loan Repayment Program (ECLRP). On 2 Dec 2008, the applicant submitted an application to the AFBCMR requesting his records be corrected to allow his enrollment in the Enlisted College Loan Repayment Program (ECLRP). DPSIT states that the Air Force policy on ECLRP...
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...
ARMY | BCMR | CY2005 | 20050002355C070206
The applicant requests repayment of all his student loans from the period 19 July 1991 through 6 September 2002 under the Student Loan Repayment Program (SLRP). The Student Loan Repayment office determined the applicant's total amount repayable would have been $3,136.92 (from 1994 through May 1996 when the applicant enlisted in the Regular Army). Nevertheless, the Student Loan Repayment office determined the applicant's total amount repayable would have been $3,136.92 had all of...
ARMY | BCMR | CY2002 | 2002080970C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. His original student loan amount was $6,600 and his Government payment on his loan should have been $2,200 after completion of his first full year of active duty and for each full year thereafter, up to 3 years. No response was received from the loan holder and additional requests were sent.
AF | BCMR | CY2005 | BC-2005-01925
When he was on active duty from July 2002 through February 2004, he tried to resolve a portion of his debt. He believes the countless hours spent to resolve his pay record problems show that no one knows if his pay record is correct. He respectfully requests the Board waiver the remaining $3517.76 and have DFAS return the money he’s been paying them in the time he’s tried to resolve this case.
ARMY | BCMR | CY2003 | 2003090619C070212
The applicant requests cancellation or remission of his debt for overpayment of family separation allowance (FSA). His family separation housing (FSH) and BAH Type II without dependents rate were used to calculate his OHA. The amount of BAH for a member will vary according to the pay grade in which the member is assigned or distributed for basic pay purposes, the dependency status, and the geographical location of the member.
Another individual's (Lt Col S---‘s) ACP agreement was faxed after his agreement and that individual received his payment on 29 Dec 99. The fact that he was not paid during 1999 was caused by his 27 day delay in signing the agreement from program inception; the massive volume of agreements that were being processed; the government closures from the holidays and the Y2K computer issues; and, different payment dates at Defense Finance and Accounting Service (DFAS) (see Exhibit B). ...
AF | BCMR | CY2002 | BC-2001-03442
_________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 17 April 2002, the applicant provided additional information, with attachments, to support her appeal. Applicant’s complete submission is at Exhibit D. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: HQ AFPC/DPW stated that the applicant was erroneously charged for SGLI for the period of 20 Feb 98 to 31 Mar 01. In their opinion,...