IN THE CASE OF:
BOARD DATE: 17 SEPTEMBER 2009
DOCKET NUMBER: AR20080017317
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 disability severance pay shown on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected.
2. The applicant essentially states that item 18 (Remarks) of her DD Form 214 states that she received $79,595.60 in disability severance pay, but that she only received $7,405.50 at the time of her discharge.
3. The applicant provides her DD Form 214 and her 1999 Internal Revenue Service Form W-2 (Wage and Tax Statement) in support of this 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 applicants military records show that she enlisted in the Regular Army on 26 June 1996. She completed initial entry training and was awarded military occupational specialty 77F (Petroleum Supply Specialist). She was then reassigned to Fort Lewis, Washington. On 18 December 1998, she was honorably discharged from the Regular Army due to disability after completing
3 years, 5 months, and 23 days of active duty service.
3. Item 18 of the applicants DD Form 214 indicates that she was paid $79,595.60 in disability severance pay at the time of her discharge, but an inquiry to the Defense Finance and Accounting Service revealed that she was actually paid $7,959.60 in disability severance pay which is the correct calculation. The applicant also provided her 1999 IRS Form W-2 which essentially shows that she was paid the gross amount of $7,959.60, as box 13 of this document shows that she received $7,405.50 in disability severance pay after taxes.
4. The Department of Defense Financial Management Regulation, in effect at the time, provided that when authorized, disability severance pay is calculated by a members monthly base pay multiplied by two, then multiplied by the number of years of service. The total years of service is rounded to the nearest whole year, with 6 months or more rounded up.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the amount of disability severance pay shown on her DD Form 214 should be corrected.
2. Evidence of record clearly shows that item 18 of the applicants DD Form 214 which shows that she was paid $79,595.60 in disability severance pay is incorrect. Therefore, it would be appropriate at this time to correct her DD Form 214 to show the proper amount of disability severance pay paid to her.
3. The applicants contention that she was only paid $7,405.50 in disability severance pay was noted; however, this amounted to the net amount of her disability severance pay after taxes. As a result, item 18 of her DD Form 214 will be corrected to show her total disability severance pay, before taxes, which was $7,959.60.
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 item 18 of the applicants DD Form 214 be corrected to show that she was paid $7,959.60 in disability severance pay instead of $79,595.60.
2. The Board wants to thank the applicant for the sacrifices she made in service to the United States during her military service. 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.
ABCMR Record of Proceedings (cont) AR20080017317
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ABCMR Record of Proceedings (cont) AR20080017317
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