IN THE CASE OF:	

		BOARD DATE:	  19 November 2009

		DOCKET NUMBER:  AR20090003373 


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 correction of his military records to show that he is entitled to $9,367.38 in severance pay.

2.  The applicant states, in effect, that the Department of Veterans Affairs (VA) withheld $9,367.38 that he was awarded.  He also states that he was never in receipt of this money, that he only received $1,000.00 in July 2007.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army on 2 August 2000.

2.  The applicant's record contains a DD Form 4 (Enlistment/Reenlistment Document) signed by the applicant which shows he reenlisted on 3 November 2005 in military occupational specialty (MOS) 63B (Light Wheeled Vehicle Mechanic).  This MOS was authorized a selective reenlistment bonus (SRB) of up to $10,000.00.  The bonus was to be paid in a lump-sum payment.

3.  On 22 November 2006, the applicant was honorably discharged under the provisions of Army Regulation 635-200 (Enlisted Separations), paragraph 5-8, by reason of parenthood.  His DD Form 214 shows the applicant was entitled to $9,367.38 in separation pay.
4.  The applicant submitted a copy of a memorandum from the VA, dated 3 May 2007, which shows that his monthly service-connected compensation entitlement amounts and payment start dates are as follows:

	a.  Total Amount Awarded - $397.00, Amount Withheld - $397.00, Monthly Entitlement Amount - $0.00, Payment Start Date – 1 December 2006, and Reason for Change - original award, withholding for recoupment of separation pay;

	b.  Total Amount Awarded - $397.00, Amount Withheld - $276.52, Monthly Entitlement Amount - $120.48, Payment Start Date - 1 May 2008, and Reason for Change - withholding for recoupment of separation pay;

	c.  Total Amount Awarded - $397.00, Amount Withheld - $0.00, Monthly Entitlement Amount - $397.00, Payment Start Date - 1 June 2008, and Reason for Change - withholding for recoupment of separation pay stops;

	d.  Total Amount Awarded - $376.00, Amount Withheld - $0.00, Monthly Entitlement Amount - $376.00, Payment Start Date - 7 March 2015, and Reason for Change - minor child adjustment; and

	e.  Total Amount Awarded - $348.00, Amount Withheld - $0.00, Monthly Entitlement Amount - $348.00, Payment Start Date - 5 January 2020, and Reason for Change - minor child adjustment.

5.  In the processing of this case, member of this Board communicated with the Defense Finance and Accounting Service (DFAS) on 29 July 2009.

6.  The DFAS representative states that a review of the applicant's military pay file indicates that when the applicant was separated on 22 November 2006, he was due separation pay in the amount of $8,874.36, a lump sum leave payment in the amount of $3,245.75, and pay and allowances for his last period of service between 1 November 2006 and 30 November 2006.  The DFAS representative continues to state the applicant did not disclose that he reenlisted on 3 November 2005 for 4 years with an entitlement to an SRB in the amount of $9,788.32 and – since he separated on 22 November 2006 and did not serve through 2 November 2009 – he was indebted for that SRB in the amount of $9,110.01.  This caused his pay account to be indebted in the amount of $1,023.29.

7.  The DFAS representative concludes by stating that there were other debts in his record to include an advanced pay that was not completely paid off in the amount of $585.36.  He also had several debts in his pay record to include held-pay for child support payments.  The representative states DFAS has a copy of the applicant's leave and earnings statement (LES) if needed for these proceedings because it shows what transpired during his separation month.

8.  Page 3 of the applicant's LES shows that the SRB bonus in the amount of $9,110.01 was recouped on 22 November 2006 and that his indebtedness to the United States was $1,023.29.

9.  On 22 October 2009, a copy of the DFAS opinion was forwarded to the applicant for information and to allow him an opportunity to submit comments or a rebuttal.  The applicant failed to respond by the established suspense date.

10.  Title 10, U.S. Code, section 1174a(g), states, in pertinent part, that to avoid duplication of benefits resulting from the special separation benefits program, a member who has received separation pay based on service in the Armed Forces shall not be deprived by reason of his receipt of such pay of any disability compensation to which he is entitled under the laws administered by VA, but there shall be deducted from that disability compensation an amount equal to the total amount of separation pay received.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant received a bonus when he reenlisted in 2005, which was paid in a lump sum for agreeing to serve for 4 years.  However, the evidence of record shows that the applicant was separated from the military 1 year after he reenlisted.  Therefore, he incurred a debt for $9,111.01.

2.  The evidence of record shows that on the date the applicant was discharged, he was entitled to separation pay in the amount of $9,367.38.  The evidence of record further shows that the applicant had to repay the remaining $9,111.01 of the reenlistment bonus, $585.00 in advanced pay, a $286.00 child support payment, and several other miscellaneous debts.  Therefore, these debts, to include the recoupment of the bonus, were deducted from his final military pay.

3.  The evidence of record shows that although the recoupment of the enlistment bonus and the other debts were offset by the applicant's final pay, he still was entitled to $9,367.38 in separation pay on the date of his discharge.  The evidence of record shows that he was authorized service-connected compensation from the VA.  Therefore, the VA was authorized to offset the separation pay he received by deducting that amount from applicant's disability compensation pay.

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x ____  ____x ___  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________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)                                         AR20090003373



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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