RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 July 2006
      DOCKET NUMBER:  AR20050017582


      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. Lester Echols                 |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Ms. Ernestine I. Fields           |     |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 he be paid the severance pay he was told he
would receive.  He also, in effect, questions the entry in item 18 (SGLI
Coverage) of his DD Form 214 (Certificate of Release or Discharge from
Active Duty).

2.  The applicant states he never received any severance pay.  Also, he was
never told how to file for his Veterans Administration (VA) benefits.

3.  The applicant provides his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 8 March 1985.  The application submitted in this case is
dated       30 November 2005.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Delayed Entry Program on 10 September
1984.  He enlisted in the Regular Army on 4 December 1984.  On 5 December
1984, he completed a VA Form 29-8286 (Servicemen’s Group Life Insurance
Election) and elected the maximum amount of insurance coverage ($35,000).

4.  On 30 January 1985, a Medical Evaluation Board referred the applicant
to a Physical Evaluation Board (PEB) for a diagnosis of metatarsal stress
reaction, right foot.

5.  On 4 February 1985, the applicant signed a DA Form 664 (Service
Member’s Statement Concerning Application for Compensation from the
Veterans Administration (VA Form 21-526e)).  In item 3, the applicant
acknowledged, “I am being processed for separation from the Army and have
been advised that I am entitled to file an application for compensation
from the Veterans Administration.” He indicated that he had filed an
application for such compensation on VA Form 21-526e.  An original VA Form
21-526e is filed in the applicant’s personnel records.
6.  The applicant’s PEB packet is not available.  Military Personnel Center
Message date/time group 261334Z February 1985 approved his discharge with a
disability rating of 20 percent and severance pay in the grade of E-1.  The
message also stated that, although the authority for discharge was
disability separation with severance pay, in computing pay for disability
severance pay a member with less than 6 month’s service cannot receive
severance pay.  The applicant could apply to the VA for disability
compensation.

7.  On 8 March 1985, the applicant was discharged by reason of physical
disability.  Item 28 (Narrative Reason for Separation) of his DD Form 214
contains the entry, “PHYSICAL DISABILITY WITH SEVERANCE PAY.”  He had
completed 3 months and 5 days of creditable active service and 5 months and
 29 days of service for pay.

8.  Item 18 of the applicant’s DD Form 214 contains the entry, “AMOUNT
$35,000.”

9.  The SGLI (Servicemen’s Group Life Insurance) is a VA program.  SGLI is
in effect for 120 days after an individual separates from active duty or
the Reserves.

10.  Title 10, U. S. Code, section 1212 (Disability Severance Pay),
subsection 1212(a) provides the computation of disability severance pay.
Subsection 1212(b) states that, for the purposes of subsection (a), a part
of a year of active service that is six months or more is counted as a
whole year, and a part of a year that is less than six months is
disregarded.

DISCUSSION AND CONCLUSIONS:

1.  The narrative reason for the applicant’s separation was listed as
“physical disability with severance pay” only because that was the closest
narrative reason comparable to his situation.  There is no narrative reason
of “physical disability without severance pay.”   However, by law he was
not entitled to severance pay since he had completed less than six months
of service.

2.  The evidence of record shows the applicant was counseled on how to
apply for VA benefits.  An error might have been made, in that an original
VA Form   21-526e is filed in the applicant’s personnel records.
Nevertheless, the applicant had signed two forms pertaining to VA benefits
which indicated he was counseled concerning his entitlement to those
benefits and knew the form to be used for requesting those benefits.

3.  The entry in item 18 of the applicant’s DD Form 214 merely indicates he
had previously elected insurance coverage in the amount of $35,000.  That
coverage would have been valid for 120 days after his separation and
therefore was an important entry on his DD Form 214.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 March 1985; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on           7 March 1988.  The applicant did not file within the 3-
year statute of limitations and has not provided a compelling explanation
or evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__le____  __phm___  __eif___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  __Lester Echols_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017582                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060718                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |128.08                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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