IN THE CASE OF:
BOARD DATE: 14 May 2009
DOCKET NUMBER: AR20080019403
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 separation pay entry in block 18 (Remarks) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) be removed.
2. The applicant states, in effect, she was not eligible for and did not receive separation pay because she did not complete 6 years of service; however, an entry was made in block 18 of her DD Form 214 that indicates she received separation pay in the amount of $7,640.82.
3. The applicant provides her DD Form 214 in support of her application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows that she enlisted in the Regular Army and entered active duty on 20 August 2002, and she was trained in and awarded military occupational specialty (MOS) 88M (Motor Transport Operator). Her record also shows that she was promoted to sergeant on 1 July 2005, and that this is the highest rank she attained while serving on active duty.
2. The applicant's record shows she continuously served on active duty for
5 years, 8 months and 23 days until being honorably discharged under the provisions of paragraph 5-8, Army Regulation 635-200, by reason of parenthood on 12 May 2008.
3. The DD Form 214 issued to the applicant on 12 May 2008, the date of her discharge, contains the entry "Separation Pay - - $7,640.82" in Item 18, which indicates she received this amount of separation pay at the time of her discharge. Her separation orders, dated 9 April 2008, noted that she was entitled to one-half separation pay in accordance with Title 10, U. S. Code, section 1174.
4. During the processing of this case, Defense Finance and Accounting Service (DFAS) personnel completed a review of the applicant's pay record and confirmed that although a separation pay entry was input in December 2008, payment was never released. DFAS officials further confirmed that the applicant is not entitled to separation pay because she did not complete 6 years of active service, and that her finance record will be corrected and she will be issued a corrected Form W-2 (Wage and Tax Statement) for 2008, and that separation orders and her DD Form 214 should be corrected accordingly.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains preparation instructions for the DD Form 214. The instructions for Item 18 state, in pertinent part, to use the block for Headquarters, Department of the Army (HQDA) mandatory requirements when a separate block is not available, and as a continuation for entries in blocks 11, 13, and 14.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that the separation pay entry in block 18 of her DD Form 214 should be removed was carefully considered and found to have merit. A review of the applicant's pay record by DFAS officials confirmed the applicant was not entitled to and did not receive separation pay because she had not completed 6 years of active service. Therefore, it would be appropriate to correct her DD Form 214 and her separation orders accordingly.
BOARD VOTE:
___x____ ___x____ ___x____ 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. amending her separation orders, dated 8 April 2008, to show that she was not entitled to separation pay;
b. deleting the current separation pay entry in block 18 of her DD Form 214;
c. replacing it with the entry "Separation Pay - None"; and
d. providing her a correction to the DD Form 214 that includes this change.
_______ _x _______ ___
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) AR20080019403
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080019403
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090010717
Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also states, in pertinent part, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." The...
ARMY | BCMR | CY2008 | 20080009644
Item 12 shows the Record of Service. The evidence of record shows that after completing 5 months and 28 days in the DEP, the applicant enlisted in the Regular Army and entered active duty on 3 August 2005. Therefore, there is sufficient evidence to correct his records to show his 1 year, 2 months, and 24 days of service in Kuwait/Iraq as 15 August 2006 to 7 November 2007 and to show this period of service in Iraq as his correct period of foreign service.
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 | CY2008 | 20080011654
The applicant states that the entry that shows her foreign service is incorrect because it does not show that while she was assigned to the 410th Military Police Company at Fort Hood, Texas, she deployed to Egypt in 2001, in support of Operation Bright Star, and also served in Qatar and Iraq during the 2002-2003 time frame. An electronic mail (e-mail) from The Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, dated 8 September 2008, confirms that the applicant received...
ARMY | BCMR | CY2009 | 20090006922
She also requests correction of her Officer Record Brief (ORB) to show Qatar as her "last" assignment instead of showing it as the "current" assignment. Therefore, there is sufficient evidence to show she served in Qatar from 30 April 2007 to 5 March 2008 and is entitled to correction of her DD Form 214 to show this foreign service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the entry "SERVICE IN QATAR FROM...
ARMY | BCMR | CY2014 | 20140018764
Her DD Form 214 shows in item 18 Disability Severance Pay -- $27,936.00. DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant was discharged by reason of physical disability with entitlement to severance pay. Therefore, her DD Form 214 should be corrected to show the amount of $18,624.00 in severance pay.
ARMY | BCMR | CY2014 | 20140010120
The applicant states, in effect, that her second deployment to Iraq and all of her foreign service are not reflected on her DD Form 214. Her DD Form 214 issued at the time of her discharge shows only one deployment to Kuwait/Iraq for the period 24 April 2003 through 24 July 2004. Thus, it would be appropriate to correct her DD Form 214 to show this second period of foreign service.
ARMY | BCMR | CY2009 | 20090019326
The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * Block 11 (Primary Specialty) - 74D (Chemical Operations Specialist) * Block 12f (Foreign Service) - 10 months * Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) * Iraqi Campaign Medal * Global War on Terrorism Service Medal * Any other awards she is entitled to receive * Block 14 (Military Education) - Chemical...
ARMY | BCMR | CY2009 | 20090005501
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service. Since HFP/IDP is paid for the whole month regardless of the date the Soldier arrives in the HFP/IDP designated area and since his pay records show that he received HFP/IDP from September 2007 to January 2008, the applicant's period of service in Qatar is consistent with his pay records at DFAS. Therefore, there is sufficient evidence to show he served in...
ARMY | BCMR | CY2013 | 20130003739
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) award of the Legion of Merit and the Meritorious Unit Commendation * item 18 (Remarks) foreign service in Kuwait from 1 September 2008 to 5 September 2009 2. Her record contains an MFR issued by Headquarters and Headquarters Company, 3rd Medical Command (Deployment Support), Fort...