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ARMY | BCMR | CY2006 | 20060011423
Original file (20060011423.txt) Auto-classification: Approved


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 March 2007
	DOCKET NUMBER:  AR20060011423 


	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.



	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 Item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he received $7,566.00 in severance pay versus $15,132.00.

2.  The applicant states, in effect, that he only received a severance pay of $7,566.00 and it was incorrectly annotated on his DD Form 214.  He also states that he was awarded disability compensation from the Department of Veterans Affairs (DVA) and his severance pay must first be offset before he can receive his DVA compensation. 

3.  The applicant provides a copy of his DD Form 214 and a copy of his Defense and Accounting Service (DFAS) Military Leave and Earnings (LES) Statement for the month of May 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant was a member of the U.S. Army Reserve.  On 23 January 2004, he was ordered to active duty in support of Operation Iraqi Freedom.  

2.  On 28 July 2004, the applicant was honorably discharged under the provisions of Army Regulation 635-40, chapter 4, by reason of disability, severance pay.  His DD Form 214 shows that he was rated as 20 percent disabled and authorized severance pay in pay grade specialist/E-4.

3.  The applicant's DD Form 214 shows that he was paid $15,132.00 in severance pay.

4.  The applicant's last LES shows he received $7,566.00 in severance pay.

5.  DFAS-Denver confirmed that the applicant received $7,566.00 in severance pay and furnished an automated copy of the applicant's last payment record prepared on 23 March 2005.

DISCUSSION AND CONCLUSIONS:

The applicant received $7,566.00 in severance pay; this sum was confirmed by DFAS-Denver.  Therefore, the applicant is entitled to have his DD Form 214 corrected to show the correct amount he received in severance pay.



BOARD VOTE:

__wfc___  __eem___  __rmn___  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: 

	a.  deleting "DISABILITY SEVERANCE PAY - $15,132.00" in Item 18 of the applicant's DD Form 214; and

	b.  adding "DISABILITY SEVERANCE PAY - $7,566.00" in Item 18 of the applicant's DD Form 214.




							William F. Crain
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060011423
SUFFIX

RECON

DATE BOARDED
20070308
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
100.0000
2.
128.0800
3.

4.

5.

6.


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