RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 March 2007
DOCKET NUMBER: AR20060013050
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.
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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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he received $40,374.00 in disability severance pay.
2. The applicant states that the error occurred because he was going to get 2 years of credit for his time in the National Guard; however, this changed less than a week prior to his separation. He states, in effect, that he was paid [this amount of disability severance pay] based on 6 years of service and not 8 years of service. He also states that his DD Form 214 was never corrected and he never received a discharge certificate.
3. The applicant provides a copy of his DD Form 214 and his Separation Pay Worksheet.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 5 June 1999. The application submitted in this case is dated 15 August 2006.
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 applicants failure to timely file.
3. After having had prior active service, the applicant enlisted in the Regular Army on 19 December 1992.
4. The applicant's Medical Evaluation Board and Physical Evaluation Board proceedings are not available.
5. The applicant was honorably discharged from active duty on 5 June 1999 under the provisions of Army Regulation 635-40, paragraph 4-24b(3) based on physical disability with severance pay.
6. Item 18 (REMARKS) on the applicant's DD Form 214 shows the entry "DISABILITY SEVERANCE PAY - - $53832.00."
7. His Separation Pay Worksheet shows he was entitled to $40,374.00 disability severance pay.
8. In the processing of this case, a staff advisory opinion was obtained from the Defense Finance and Accounting Service (DFAS) in Denver, Colorado. This office reviewed the applicants final military pay record and verified he was correctly paid disability severance pay in the gross amount of $40,374.00 and that his DD Form 214 reflects an incorrect amount.
9. A copy of the advisory opinion was forwarded to the applicant. He concurred with the advisory opinion rendered in his case.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 reflects that his disability severance pay amount was $53,832.00. However, the Separation Pay Worksheet and the advisory opinion from DFAS verify he was entitled to $40,374.00 disability severance pay.
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 $40,374.00.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 5 June 1999; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 4 June 2002. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
x_____ x_____ x_____ 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 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:
a. deleting the entry "DISABILITY SEVERANCE PAY - $53832.00" from item 18 on his DD Form 214; and
b. adding the entry "DISABILITY SEVERANCE PAY - - $40374.00" to item 18 on his DD Form 214.
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CHAIRPERSON
INDEX
CASE ID
AR20060013050
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070329
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Schwartz
ISSUES 1.
100.0000
2.
3.
4.
5.
6.
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