RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 September 2005
DOCKET NUMBER: AR20050000585
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 |
| |Ms. Beverly A. Young | |Analyst |
The following members, a quorum, were present:
| |Mr. William Powers | |Chairperson |
| |Mr. John Meixell | |Member |
| |Mr. Larry Olson | |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 correction of item 18 (Remarks) on his DD Form
214 (Certificate of Release or Discharge from Active Duty) to show the
proper amount of disability severance pay.
2. The applicant states that item 18 (Remarks) on his DD Form 214 shows he
was given a disability severance pay amount of $38,035.00, but he was given
no more than $16,196.70. This error is affecting his disability check and
the withholding amount is more than it should be per month. The Veterans
Affairs office informed him that they need the error corrected by the Board
in order for them to adjust his paycheck.
3. The applicant provides a copy of his DD Form 214, his Separation
Worksheet, and his Account History from the Service Credit Union.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 16 November 1998 for a
period of four years.
2. The applicant's Medical Evaluation Board and Physical Evaluation Board
proceedings are not available.
3. 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.
4. Item 18 on the applicant's DD Form 214 shows the entry "DISABILITY
SEVERANCE PAY-$38035.00."
5. The applicant provided a copy of his Separation Worksheet dated 21 July
2003. This document shows he was entitled to $19,035.00 disability
severance pay.
6. The applicant's Master Military Pay Account (MMPA) history as of
18 December 2003 from the Defense Finance and Accounting Service (DFAS)
shows the amount of his disability severance pay as $19,035.00.
7. Guidance received from the Office of the Deputy Chief of Staff, G-1 on
31 August 2005 indicated the gross amount of severance pay received should
be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 reflects that his disability severance pay
amount was $38035.00. However, his MMPA history from DFAS verifies that he
was entitled to $19,035.00 disability severance pay. This appears to be
the gross amount to which he was entitled. It appears $16,196.70 was
apparently the net amount (minus taxes) he received.
2. It appears that an administrative error has occurred in this case.
Therefore, it would be appropriate to amend item 18 on the applicant's DD
Form 214 to show his disability severance pay amount as $19,035.00.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
WP______ JM______ LO______ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file. As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by amending item 18 on his
DD Form 214 to show the entry "DISABILITY SEVERANCE PAY--$19,035.00."
2. The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief. As a result,
the Board recommends denial of so much of the application that pertains to
correction of his records to show his disability severance pay amount as
$16,196.70.
William Powers________
CHAIRPERSON
INDEX
|CASE ID |AR20050000585 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050908 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT PARTIAL |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |100.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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