RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 December 2007
DOCKET NUMBER: AR20070010338
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.
Ms. Catherine C. Mitrano
Director
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Mr. Jeffrey C. Redmann
Chairperson
Mr. John G. Heck
Member
Mr. Qawiy A. Sabree
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, that his physical disability discharge orders be amended to show he was a member of an armed force on 24 September 1975.
2. The applicant states he entered the Army on 15 July 1975. Because his records say he was not in the Army on 24 September 1975, his severance pay was less than it should have been.
3. The applicant provides a DD Form 214 (Report of Separation from Active Duty) for the period ending 14 July 1979; a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 August 2003; a Fit for Duty/MEB (Medical Evaluation Board) Certificate, dated 10 March 2005; a DA Form 5892-R (PEBLO Estimated Disability Compensation Worksheet); a DA Form 199 (Physical Evaluation Board (PEB) Proceedings); a DA Form 4187 (Personnel Action), dated 21 November 2005; a memorandum, dated 2 November 2005 from the U. S. Army Physical Disability Agency (USAPDA); and discharge orders, dated 2 November 2005.
CONSIDERATION OF EVIDENCE:
1. The applicants enlistment contracts/DD Form 214 from his initial service are not filed in IPERMS (Integrated Personnel Electronic Records Management System).
2. Records at the U. S. Army Human Resources Command St. Louis show the applicant initially entered a Reserve Component on 27 June 1975. His Army National Guard Retirement Points History Statement shows he enlisted in the Delayed Entry Program on 27 June 1975 and enlisted in the Regular Army on 15 July 1975.
3. The applicant provided a DD Form 214 for the period ending 14 July 1979 that shows he was released from active duty on that date, that he had entered active duty on 15 July 1975, and that he had 13 days of prior inactive service.
4. After having had a break in service from 27 June 1981 through 19 December 2001, the applicant enlisted in the Army National Guard on 20 December 2001.
5. MEB action was initiated on the applicant on an unknown date. A Fit for Duty/MEB Certificate, dated 10 March 2005, stated the applicants records indicated that on 25 September 1975 he was not a member of the Armed Services or was not under a binding written commitment to become such a member.
6. On 8 August 2005, an informal PEB found the applicant to be unfit due to atrial fibrillation. The informal PEB recommended he be separated with severance pay with a zero percent disability rating.
7. USAPDA Orders D306-01, dated 2 November 2005, discharged the applicant from the U. S. Army Reserve. These orders indicated that he was not a member of an armed force on 24 September 1975.
8. The applicant was discharged from the Army National Guard on 16 November 2005.
9. The Department of Defense Financial Management Regulation, Volume 7A, paragraph 35-5-4 states that disability severance pay is normally taxable income. However, It is not subject to tax withholding or reporting if one of three listed conditions exists. One of those conditions is that on 24 September 1975 the individual was either a member of a Uniformed Service or was under a binding written commitment to become a member.
DISCUSSION AND CONCLUSIONS:
1. The preponderance of the evidence of record shows that the applicant was a member of the Regular Army on 24 September 1975. His discharge orders, dated 2 November 2005, may have indicated that he was not a member of an Uniformed Service on 24 September 1975 because neither his Delayed Entry Program, his Regular Army enlistment contracts, nor his DD Form 214 for the period ending 14 July 1979 was filed in his records on IPERMS.
2. USAPDA Orders D306-01, dated 2 November 2005, discharging the applicant from the U. S. Army Reserve, should be amended to show that he was a member of an armed force on 24 September 1975.
BOARD VOTE:
__jcr___ __jgh___ __qas___ 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 amending USAPDA Orders D306-01, dated 2 November 2005, discharging him from the U. S. Army Reserve, to show he was a member of an armed force on 24 September 1975.
__Jeffrey C. Redmann__
CHAIRPERSON
INDEX
CASE ID
AR20070010338
SUFFIX
RECON
DATE BOARDED
20071213
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES 1.
108.00
2.
3.
4.
5.
6.
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