RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 January 2005
DOCKET NUMBER: AR2004106233
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:
| |Mr. Walter T. Morrison | |Chairperson |
| |Ms. Eloise C. Prendergast | |Member |
| |Ms, Jeanette R. McCants | |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, in effect, that the entry “Disability Severance
Pay -- $12,528.00” contained in Item 18 (Remarks) of his separation
document
(DD Form 214) be deleted.
2. The applicant states, in effect, that separation department at Fort
Bragg, North Carolina told him a separation code of JFM did not entitle him
to separation pay and the Item 18 entry regarding disability severance pay
was entered in error. He states he never received disability severance pay
or any other type of separation pay upon his discharge from the Army and
would like the erroneous entry in question removed from his separation
document.
3. The applicant provides a copy of his separation document in support of
his application.
CONSIDERATION OF EVIDENCE:
1. The applicant’s record confirms he enlisted in the Regular Army and
entered active duty on 13 January 1997. He was trained in, awarded and
served in military occupational specialty (MOS) 67R (Attack Helicopter
Repairer) and he was promoted to sergeant, the highest rank he held while
serving on active duty, on 3 February 2000.
2. On 21 September 2000, the applicant was honorably discharged under the
provisions of paragraph 4-24b(4), Army Regulation 635-40, by reason of a
disability that existed prior to service. The DD Form 214 he was issued at
the time of his discharge confirms he completed a total of 3 years, 8
months and
9 days of active military service. This document further shows that based
on the authority and reason for his separation, the applicant was assigned
a separation program designator (SPD) code of JFM. Item 18 (Remarks) of
the DD Form 214 contains an entry that indicates the applicant received
disability severance pay in the amount of $12, 528.00.
3. Army Regulation 635-5-1 (SPD Codes) provides the specific authorities
(regulatory or directive), reasons for separating soldiers from active
duty, and the SPD codes to be entered on the DD Form 214. It states, in
pertinent part, that the SPD code of JFM is the appropriate code to assign
to soldiers separated under the provisions of paragraph 4-24b(4), by reason
of physical disability, existed prior to service. A Defense Finance
Accounting Service (DFAS) information paper regarding the authorization of
separation pay, readjustment pay or severance pay based on SPD codes
indicates the SPD code JFM does not authorize separation, readjustment or
severance pay.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s claim that he was not entitled to separation,
readjustment or severance pay based on the authority and reason for his
separation and the corresponding SPD code was carefully considered and
found to have merit.
2. The evidence of record confirms the applicant was separated under the
provisions of paragraph 4-24b(4), by reason of disability, existed prior to
service and was assigned the SPD code JFM in accordance with the applicable
regulation. Based on the authority and reason for his separation, the
applicant was not entitled to separation, readjustment or severance pay in
connection with his discharge.
3. In view of the facts of this case, it would be appropriate to correct
the applicant’s record by deleting the entry “Disability Severance Pay--
$12528.00” contained in Item 18 of his DD Form 214.
BOARD VOTE:
___WTM_ __ECP__ __JRM __ 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 all
Department of the Army records of the individual concerned be corrected by
deleting the entry “Disability Severance Pay-- $12528.00” contained in
Item 18 (Remarks) of his DD Form 214; and by providing him a corrected
separation document that reflects this change.
____Walter T. Morrison ___
CHAIRPERSON
INDEX
|CASE ID |AR2004106233 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2005/01/13 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |2000/09/21 |
|DISCHARGE AUTHORITY |AR 635-40 |
|DISCHARGE REASON |EPTS Disability |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. 1021 |100.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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