RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 April 2008
DOCKET NUMBER: AR20070015911
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 the amount of severance pay, $242,996.64, currently shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 September 2002, be corrected to show severance pay - $101,332.10.
2. The applicant states, in effect, the separation amount was hand calculated at the Fort Belvoir, Virginia finance office and not generated by the system of record at the time.
3. The applicant provides a copy of his DD Form 214 and a letter from the Defense Finance and Accounting Service in Denver, Colorado (DFAS - Denver), with a DFAS-DE Form 0-641 (Statement of Military Pay Account) in support of his application.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military personnel record shows he entered the Army National Guard on 14 May 1970. The applicant was promoted to lieutenant colonel/pay grade O-5 effective 2 August 2000.
3. On 30 September 2002, the applicant was released from active duty and transferred to the Retired Reserve by reason of reaching the maximum years of service. His DD Form 214 shows he entered active duty on 7 April 1989. He had completed 13 years, 5 months, and 24 days of active service that was characterized as honorable.
4. Item 18 (Remarks) of the applicant's DD Form 214 contains the entry "SEPARATION PAY - $242,996.64."
5. The applicant's Army National Guard Current Annual Statement shows he had completed 32 years, 4 months, and 17 days of qualifying service for non-regular service retired pay.
6. An electronic mail (e-mail) from DFAS - Denver, dated 7 February 2008, verified the applicant's separation pay entitlement was $101,457.36, subject to Federal income tax withholding of $27,393.49.
7. The letter, dated 25 March 2003, from DFAS - Denver included a DFAS-DE Form 0-641. According to this statement the applicant's separation pay entitlement was $101,457.36 and the statement showed $27,393.49 was withheld for Federal income tax.
8. Army Regulation 635-5 (Separation Documents), establishes the standardized policy for preparing and distributing the DD Form 214. This regulation provides, in pertinent part, for the entry of type of pay and amount for a Soldier receiving separation/readjustment or non-disability severance pay.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the separation entitlement shown on his DD Form 214 should read $101,332.10 instead of $242,996.64.
2. According to the e-mail and letter from DFAS - Denver the applicant's actual separation entitlement was $101,457.36. Therefore, it is appropriate to correct the applicant's DD Form 214 to show the correct amount of separation pay entitlement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__PHM __ __KSJ__ __JGH__ 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 by amending Item 18 of the applicant's DD Form 214 to show SEPARATION PAY - $101,457.36 instead of SEPARATION PAY - $242,996.64.
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 showing separation pay entitlement of $101,332.10.
___ PHM ___
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070015911
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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