IN THE CASE OF:
BOARD DATE: 24 July 2008
DOCKET NUMBER: AR20080005864
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction of the amount of severance pay shown in item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 July 2006.
2. The applicant states, in effect, that his DD Form 214 for the period ending
26 July 2006 reflects disability severance pay in the amount of $53,768.40; however, this amount is incorrect. He contends that $53,768.40 is the gross amount and that he did not receive this amount. He also points out that after his DD Form 214 was published, an adjustment was made by the finance office and his lump sum amount was reduced approximately $5000.
3. The applicant provides a copy of his DD Form 214 for the period ending 26 July 2006; a DA Form 7301-R (Officer Service Computation for Retirement); and two ARPC Forms 249-2-E (U.S. Army Reserve Personnel Command Chronological Statement of Retirement Points).
CONSIDERATION OF EVIDENCE:
1. Having prior inactive and active service, the applicant entered active duty on 24 January 2005. He served as a recruiter and was honorably discharged on
26 July 2006 by reason of disability (severance pay).
2. Item 18 on his DD Form 214 for the period ending 26 July 2006 shows his disability severance pay was $53,768.40.
3. Records at the Defense Finance and Accounting Service (DFAS) show the applicant was separated on 26 July 2006 with an entitlement to $49,921.20 separation pay less a Federal withholding tax of $12,480.30.
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that for Item 18 (Remarks), use this block for HQDA mandatory requirements when a separate block is not available. For a Soldier receiving separation/readjustment or severance pay (as indicated by the finance office), enter type of pay and amount.
DISCUSSION AND CONCLUSIONS:
Since DFAS records show the applicant was entitled to disability severance pay in the amount of $49,921.20 (gross), it appears the amount of severance pay shown in item 18 on the applicants his DD Form 214 for the period ending
26 July 2006 is incorrect. Therefore, it would be appropriate to correct this entry to show the applicant was entitled to disability severance pay in the amount of $49,921.20.
BOARD VOTE:
___xx___ ___xx___ ___xx___ 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, DISABILITY SEVERANCE PAY -- $53768.40 in item 18 on his DD Form 214 for the period ending 26 July 2006; and
b. adding the entry, DISABILITY SEVERANCE PAY -- $49921.20 in item 18 on his DD Form 214 for the period ending 26 July 2006.
_________xxxxx_________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080005864
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080005864
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2007 | 20070014909
The applicant requests correction of the amount of severance pay shown in item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show $40,809.60. This message states, in pertinent part, that when a Soldier receives separation/readjustment/severance pay (disability or non-disability), the Gross (not NET) amount will be requested from Finance and the gross amount of the applicable pay will be entered in item 18 on the DD Form 214. As a result, the...
ARMY | BCMR | CY2012 | 20120011581
Military Personnel Message Number 06-147, dated 23 May 2006, Subject: DD Form 214, Separation/Readjustment/Severance Pay (Disability or Nondisability) Annotation, states when a Soldier receives disability severance pay, the "Gross" (not NET) amount is requested from DFAS and entered in item 18 of the DD Form 214. The evidence further shows DFAS calculated payment and he received gross severance pay in the amount of "$9,869.40" on 30 June 2011. Based on the foregoing evidence, his DD Form...
ARMY | BCMR | CY2013 | 20130017884
His DD Form 214 shows in item 18 Disability Severance Pay -- $16,164.00. Military Personnel Message Number 06-147, dated 23 May 2006, subject: DD Form 214, Separation/Readjustment/Severance Pay (Disability or Nondisability) Annotation, states when a Soldier receives disability severance pay, the "Gross" (not net) amount is requested from DFAS and entered in Item 18 of the DD Form 214. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2010 | 20100023301
His DD Form 214 issued at the time shows he was honorably discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, and Separation), paragraph 4-24e(3). Military Personnel Message Number 06-147, dated 23 May 2006, subject: DD Form 214, Separation/Readjustment/Severance Pay (Disability or Nondisability) Annotation, states when a Soldier receives disability severance pay, the "Gross" (not NET) amount is requested from DFAS and entered in item 18...
ARMY | BCMR | CY2008 | 20080009729
IN THE CASE OF: BOARD DATE: 17 September 2008 DOCKET NUMBER: AR20080009729 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that item 18 (Remarks) his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he received separation pay. The applicant states, in effect, that under separation pay on his DD Form 214, it states that he was not entitled to any type of separation pay.
ARMY | BCMR | CY2013 | 20130006339
c. The amount of $11,694.60 shown in item 18 of the applicant's DD Form 214 is incorrect as it is not the amount he received in January 2009. Based on this information, it is recommended that the applicant request correction to his DD Form 214 from the Army Board for Correction of Military Records. The statement provided by the DFAS, Deputy Director of Operations is accepted as sufficient evidence to support correction of item 18 of the applicant's DD Form 214 to show disability severance...
ARMY | BCMR | CY2002 | 2002082694C070215
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 evidence confirms that the gross amount of severance pay the applicant received in connection with his disability separation was $46,821.60, and not the $60,480.00 now entered in Item 18 (Remarks) of his 24 September 1996 DD Form 214. Therefore, the Board concludes that it would be appropriate to correct...
ARMY | BCMR | CY2010 | 20100025664
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * the correct amount of her separation pay * the correct dates of active duty service 2. The applicant states: * item 18 (Remarks) of her DD Form 214 shows she received $20,191.50 in separation pay but she actually received $9,572.72 * her DD Form 214 shows she entered active duty on 10 August 1997 and she was honorably released from active duty on 18 February 2010 * she was...
ARMY | BCMR | CY2013 | 20130021673
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction of the amount of separation pay entered in block 18 (Remarks) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 January 2012. Department of Defense Instruction (DODI) 1332.29, subject: Eligibility of Regular and Reserve Personnel for Separation Pay, states that separation pay for Service members eligible for full payment shall be computed at...
ARMY | BCMR | CY2013 | 20130015155
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her deployment to Iraq and the correct amount of her disability severance pay was $19,359.00 vice $9,094.80. The applicant provided a DD Form 214 WS that shows she received disability severance pay in the amount of $19,359.00.