DOCKET NUMBER: AR20090003879
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 item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he received severance pay in the amount of $12,004.80 instead of $120,004.80.
2. The applicant states, in effect, that item 18 of his DD Form 214 should be corrected to show that he was paid $12,004.80 severance pay at the time of his discharge from active duty.
3. The applicant provides a copy of his DD Form 214 in support of his 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 record shows he enlisted in the Regular Army and entered active duty on 21 January 1998. He was trained in, awarded, and served in military occupational specialty 51K (Plumber).
3. On 6 June 2001, a physical evaluation board found the applicant physically unfit for military service and recommended his separation from active duty with severance pay. The recommendation was approved on 21 June 2001.
4. On 30 August 2001, the applicant was discharged from active duty in the rank of specialist (E-4). The DD Form 214 that he was issued at that time confirms he completed 3 years, 7 months, and 10 days of active military service. It also shows that he was discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph
4-24b(3), by reason of disability with severance pay. Item 18 includes an entry which shows he received $120,0004.80 of severance pay.
5. During the processing of this case, a member of the Board staff contacted the Defense Finance and Accounting Service (DFAS) to ascertain the correct amount of severance pay the applicant received. A DFAS official indicated that the formula used to calculate the applicants disability severance pay confirmed he was paid $12,004.80 and not $120,004.80.
DISCUSSION AND CONCLUSIONS:
The evidence of record in this case confirms the applicant was paid $12,004.80 of severance pay in conjunction with his disability discharge as confirmed by DFAS officials. Accordingly, it would be appropriate to correct the severance pay entry in item 18 of his DD Form 214 to show he received $12,004.80 and not $120,004.80 of disability severance pay.
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 amending item 18 of his DD Form 214 by deleting the entry "SEVERANCE PAY--$120,004.80" and replacing it with the entry "SEVERANCE PAY--$12,004.80" and by issuing him a correction to his DD Form 214 that reflects 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) AR20090003879
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090003879
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090016367
The applicant was discharged on 7 April 1996 under the provisions of Army Regulation 635-40, paragraph 4-24b(3) by reason of physical disability with entitlement to severance pay. The applicants pay records at DFAS confirm he had a $15,579.82 debt at the time of his discharge. The applicant has not provided sufficient evidence which confirms he did not receive his disability severance pay.
ARMY | BCMR | CY2013 | 20130020581
His DD Form 214 shows an entitlement to separation pay; however, he didn't receive the money. They do not show an entitlement to/payment of separation pay. There is no evidence of record that shows the applicant received payment of separation pay at the time of his discharge.
ARMY | BCMR | CY2004 | 20040001816C070208
The applicant requests that the amount of disability severance pay listed in item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 June 2001 be corrected. The evidence of record shows the applicant was due to be paid $30,587.76 in disability severance pay ($42,483.00 minus $11,895.24 in taxes). The applicant's DD Form 214 for the period ending 2 June 2001 shows he was paid $54,621.00 in disability severance pay.
ARMY | BCMR | CY2014 | 20140011262
DFAS advised that the applicant could apply to the Army Board for Correction of Military Records (ABCMR) for a decision regarding the entitlement to Full Separation Pay. In addition, the evidence of record shows that DFAS confirmed the applicant is not entitled to nor did he receive separation pay. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending the additional instructions of Headquarters, Joint Readiness...
ARMY | BCMR | CY2001 | 2001058992C070421
The applicant states, in effect, that his DD Form 214 incorrectly shows he received disability severance pay in the amount of $11,577.60. The applicant’s military records show that he enlisted in the Army on 16 November 1998 for 3 years. In the processing of this case a staff member of the Board contacted the Defense Finance Accounting Service (DFAS) to verify the amount of severance pay that the applicant was paid upon his separation from the Army.
ARMY | BCMR | CY2006 | 20060000056C070205
The applicant requests, in effect, correction of his records to show that he was entitled to disability, severance pay in the amount shown, $18,777.70, on his DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant states, in effect, that the actual amount of severance pay received was different from the amount recorded on his DD Form 214. The evidence of record shows that the applicant was paid severance pay in the amount of $15,021.60.
ARMY | BCMR | CY2010 | 20100024226
The applicant requests correction of item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 September 1997 by deleting the entry that indicates he received severance pay in the amount of $99,999.99. The applicant contends that his DD Form 214 for the period ending 9 September 1997 should be corrected by deleting the entry that indicates he received severance pay and that his DD Form 214 for the period ending 31 October 2010 should...
ARMY | BCMR | CY2014 | 20140001099
IN THE CASE OF: BOARD DATE: 11 September 2014 DOCKET NUMBER: AR20140001099 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. As a matter of equity, her records should be corrected to show she elected not to participate in the SBP, her spouse concurred, and DFAS timely processed her request. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * showing the applicant timely completed a DD Form 2656 electing not to participate...
ARMY | BCMR | CY2011 | 20110024736
The applicant requests correction of the amount of severance pay shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty). DISCUSSION AND CONCLUSIONS: The evidence of record shows an error in the amount of severance pay entered on the applicant's DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 18 of his DD Form 214 to show he received $39,337.20 in severance pay.
ARMY | BCMR | CY2009 | 20090011409
The applicant requests correction of Block 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty), to show he received "$6,070.80" instead of "$9,597.60" in disability severance pay. Block 18 of the applicant's DD Form 214 shows he was authorized severance pay in the amount of $9,597.60. Therefore, the applicant's DD Form 214 should be corrected to show the amount of "$6,319.20" in severance pay.