RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 August 2006
DOCKET NUMBER: AR20060000056
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. Joyce A. Wright | |Analyst |
The following members, a quorum, were present:
| |Mr. Paul M. Smith | |Chairperson |
| |Ms. LaVerne Douglas | |Member |
| |Mr. Ronald D. Gant | |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, correction of his records to show
that he was entitled to disability, severance pay in the amount shown,
$18,777.70, on his DD Form 214 (Certificate of Release or Discharge from
Active Duty).
2. The applicant states, in effect, that the actual amount of severance
pay received was different from the amount recorded on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and a copy of his
leave and earning statement (LES), dated 22 March 2005, in support of his
request.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he entered active duty (AD) on
23 May 2001, as an Electronic Warfare/Signal Intelligence specialist
(linguist) (98X), with prior military service. He was advanced to pay
grade E-4 effective 3 January 2003.
2. The applicant's medical evaluation board (MEB) and physical evaluation
board (PEB) proceedings are unavailable for review.
3. The applicant continued to serve until he was honorably discharged on
22 March 2005, under the provisions of Army Regulation 635-40, paragraph
4-24b(3), disability with severance pay, in the pay grade of E-4. He
completed 4 years, 2 months, and 20 days of active Federal service. Item
18 (Remarks) of his DD Form 214 states that he was paid severance pay in
the amount of $18,777.70
4. The applicant provides a copy of his LES, dated 22 March 2005, which
shows that he was paid severance pay in the amount of $15,021.60
5. The amount of severance pay paid the applicant, $15,021.60 was
confirmed by DFAS (Defense Finance and Accounting Service). The DFAS
stated that his severance pay was based on his base pay, times 2, times his
four years of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the actual amount of severance pay received
was different from the amount recorded on his DD Form 214.
2. The evidence of record shows that the applicant was paid severance pay
in the amount of $15,021.60. This amount was confirmed by DFAS.
Therefore, item 18, of his DD Form 214, should be corrected to show that he
was paid severance pay in the amount of "$15,021.60."
3. It is apparent, that the amount of severance pay, $18,777.70, shown on
his DD Form 214 was entered erroneously. It is presumed that this
amount was entered on the DD Form 214 before the final amount of pay was
calculated. Therefore, based on DFAS input, he is not entitled to
correction of his records to show he was entitled to disability severance
pay in the amount of $18,777.70.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__RDG__ __PMS__ __LMD__ 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. As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected to show he was entitled to payment of "$15,021.60"
in disability severance pay as opposed to the $18,777.70 now shown in item
18 (Remarks), of his DD Form 214.
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
payment of disability severance pay in excess of the amount of $15,021.60.
______Paul M. Smith_____
CHAIRPERSON
INDEX
|CASE ID |AR20060000056 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20060829 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |20050322 |
|DISCHARGE AUTHORITY |AR 635-40, Para 4-24b(3) |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |128 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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