IN THE CASE OF:
BOARD DATE: 06 NOVEMBER 2008
DOCKET NUMBER: AR20080012366
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, that the amount of separation pay shown on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected. Additionally, during a telephone conversation on 8 October 2008 between the applicant and the analyst for these proceedings, she also requested that the statement "Member has not completed first full term of service in item 18 (Remarks) of her DD Form 214 be corrected to show that she completed her first full term of service.
2. The applicant essentially states that the entry shown in item 18 of her
DD Form 214 that she received $20,449.44 in separation pay was a mistake on the part of the Walter Reed Army finance office. She also states, in effect, as she completed over 7 years of active duty service, she clearly completed her first full term of service.
3. The applicant provides a letter, dated 23 June 2008, from the Defense Finance and Accounting Service Walter Reed Medical Center office in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicants military records show that she enlisted in the Regular Army on 11 July 2000 for a period of 3 years. She completed basic and advanced individual training and was awarded military occupational specialty (MOS) 75B (Personnel Administration Specialist), which was later converted into MOS 42A (Human Resources Specialist). On 14 November 2003, she reenlisted in the Regular Army for 4 years, and on 31 July 2005, she reenlisted in the Regular Army for 4 years. However, on 24 December 2007, she was honorably discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-8 (Involuntary Separation Due to Parenthood). Item 18 of her DD Form 214 essentially shows that the applicant was paid $20,449.44 in involuntary separation pay. However, the applicant provided a memorandum, dated 23 June 2008, from the Defense Finance and Accounting Service Walter Reed Medical Center office, which stated that the amount of separation pay shown on the applicant's DD Form 214 was incorrect, and that she was paid $10,340.91. In an e-mail, dated 22 September 2008, a Defense Finance and Accounting Service official confirmed that the applicant was only paid $10,340.91 in separation pay.
2. Item 18 of the applicants DD Form 214 has an entry of Member has not completed first full term of service. However, the applicant exceeded her initial 3-year enlistment in the Regular Army.
3. Army Regulation 635-5 (Separation Documents) provides guidance on the preparation of entries on the DD Form 214. This regulation provides, in pertinent part, that a mandatory entry of Member (has) (has not) completed first full term of service is required in item 18. This information assists the State in determining eligibility for unemployment compensation entitlement. To determine if an enlisted Soldier has completed the first full term of enlistment, refer to the enlistment/reenlistment documents and compare the term(s) of enlistment to the net service in block 12c of the DD Form 214. If the Soldier has completed or exceeded the initial enlistment, enter "has." If item 12c of the DD Form 214 is less than the Soldier's initial enlistment, enter "has not."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the amount of separation pay shown on her
DD Form 214 should be corrected, and that the statement "Member has not completed first full term of service in item 18 of her DD Form 214 should be corrected to show that she completed her first full term of service.
2. The evidence of record clearly shows that the applicant was paid $10,340.91 in separation pay, and not the $20,449.44 shown on her DD Form 214. Therefore, she is entitled to correction of her DD Form 214 to show that she was only paid $10,340.91 in separation pay.
3. As the applicant clearly exceeded her initial 3-year enlistment, the entry in item 18 of his DD Form 214 that states that she had not completed her first full term of service is in error. Therefore, she is entitled to correction of her DD Form 214 to show that she completed her first full term of service.
BOARD VOTE:
___X_____ ____X____ __X______ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. correcting item 18 of her DD Form 214 to show that she was paid $10,340.91 in separation pay; and
b. correcting item 18 of her DD Form 214 to show that she completed her first full term of service.
2. The Board wants to thank the applicant for the sacrifices she made in service to the United States, and especially during Operation IRAQI FREEDOM. The applicant and all Americans should be justifiably proud of her honorable service in arms.
_______ _ XXX _______ ___
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.
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