RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 January 2008
DOCKET NUMBER: AR20070013101
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
Mr. Mohammed R. Elhaj
Analyst
The following members, a quorum, were present:
Ms. Shirley L. Powell
Chairperson
Mr. Paul M. Smith
Member
Mr. Larry C. Bergquist
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows:
a. Item 7a (Place of Entry on Active Duty) to show "Sioux Falls, SD" instead of "Souix Falls, SD"; and
b. Item 18 (Remarks) to show his disability severance pay as "$7,146.00" instead of "$714,600.00."
2. The applicant states the errors were due to administrative oversight.
3. The applicant provides a copy of his DD Form 214 in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows that he enlisted in the Regular Army on 17 February 2005 in Sioux Falls, South Dakota, for a period of 4 years and 19 weeks. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman). The highest rank he attained during his military service was specialist/E-4.
2. The applicant's record further shows that he was assigned to the Caisson Platoon, Headquarters and Headquarters Company, 1st Battalion, 3rd U.S. Infantry (The Old Guard), Fort Myer, Virginia, from 16 February 2005 to 26 July 2007.
3. The facts and circumstances surrounding the applicant's discharge are not available for review with this case. However, his DD Form 214 shows that he was discharged for disability with severance pay in accordance with paragraph 4-24b(3) of Army Regulation 634-40 (Physical Evaluation for Retention, Retirement, or Separation), suggesting he underwent a physical evaluation board (PEB) that found him unfit for duty and recommended his separation with severance pay.
4. Item 7a of the applicant's DD Form 214 shows the place he entered on active duty as "Souix Falls, SD."
5. Item 18 of the applicant's DD Form 214 shows he received $714,600.00 disability severance pay upon his discharge from the Army.
6. An electronic mail (email) from the Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, dated 3 December 2007, confirms that the applicant received $7,146.00 in disability severance pay.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. This regulation specified that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training. It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows that the name of the city where the applicant entered active duty was misspelled on his DD Form 214. Therefore, he is entitled to correction of his record to show the correct spelling of that city.
2. Evidence of record shows that an erroneous amount of disability severance pay was entered on his DD Form 214. Therefore, he is entitled to correction of his record to show the correct amount of disability severance pay he was paid.
BOARD VOTE:
_ LCB___ __PMS __ _SLP ___ 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 the entry "Souix" from Item 7a and replacing it with "Sioux"; and
b. deleting the entry $714,600.00 from Item 18 and replacing it with $7,146.00.
___ Shirley L. Powell ___
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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