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ARMY | BCMR | CY2005 | 20050000494C070206
Original file (20050000494C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:  .


      BOARD DATE:        15 November 2005
      DOCKET NUMBER:  AR20050000494


      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. G. E. Vandenberg              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Robert L. Duecaster           |     |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 severance pay listed on his
DD Form 214 (Certificate of Release or Discharge) be corrected to match the
amount listed on his Leave and Earnings Statement (LES).

2.  The applicant states, in effect, that the amount of severance pay
listed on his DD Form 214 is incorrect and should be adjusted to match the
amount listed on his LES.

3.  The applicant provides copies of his LES and his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The record shows the applicant enlisted in the Army Reserve (USAR) on
29 December 1988.  He served on active duty for training from 12 May 1989
through 23 August 1989 and was transferred back to the USAR Control Group
(TPU).

2.  The applicant served on active duty for the periods of 7 January 1990
through 20 June 1990, 7 January 1991 through 20 June 1991, and 15 March
2003 through 26 September 2003.  The last period of active duty was to have
been for 365 days.

3.  The available records do not include the applicant's service medical
records or copies of any medical evaluation board or physical evaluation
board.

4.  The applicant was honorably separated from active duty in accordance
with Army Regulation 635-200, paragraph 4-24B(3) for a physical disability
with severance pay.

5.  The 26 September 2003 DD Form 214 indicates that the applicant, a
sergeant with over 12 years of service, was separated with disability
severance pay in the amount of $10,249.20.

6.  An LES prepared to reflect the applicant's severance pay check dated
10 October 2003, indicates the applicant received "adjustment pay:
Disability Severance Pay" in the amount of $9,133.20 less deductions in the
amount of $3,435.69.

DISCUSSION AND CONCLUSIONS:

1.  The preponderance of evidence indicates that the applicant's DD Form
214 incorrectly reflects a higher amount of severance pay than the
applicant was actually entitled to and received.  Therefore, it is
appropriate to correct the DD Form 214 to reflect the correct amount of
severance pay as $9,133.20.


BOARD VOTE:

__SK ___  __JTM__   ___RLD_  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
amending the applicant’s 26 September 2004 DD Form 214 to show that the
applicant received $9,133.20 in severance pay.





                                  _          Stanley Kelley________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050000494                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051115                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          | GRANT                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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