IN THE CASE OF:
BOARD DATE: 11 August 2009
DOCKET NUMBER: AR20090004615
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 that an entry in item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected.
2. The applicant states that the entry "FULL SEPARATION" in item 18 on his DD Form 214 should be corrected to show "SEVERANCE PAY." He contends that his DA Form 199 (Physical Evaluation Board (PEB) Proceedings) shows "Separation with Severance Pay" not "Full Separation." He also claims that he was supposed to receive retired pay at age 60 instead of severance pay but he got the "run of round." He points out that he would like to retire at age 60 and pay off the severance pay.
3. The applicant provides a copy of his DD Form 214; a DA Form 199; and discharge orders from the Army National Guard in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant was ordered to active duty from the Army National Guard on
9 December 1996. He trained as a maintenance supervisor and an automated logistical specialist.
2. On 22 August 2006, a PEB found the applicant physically unfit due to right ankle osteoarthritis. The PEB recommended a combined rating of 10 percent and that the applicant be separated with severance pay. On 13 September 2006, the applicant concurred with the PEBs findings and waived a formal hearing.
3. On 13 September 2006, the applicant was afforded the opportunity to transfer to an inactive status or be discharged with severance pay. He elected to be discharged with entitlement to receive disability severance pay. He acknowledged he understood that this election was final and conclusive for all purposes and may not be changed. He also acknowledged that "I understand by making this election I will not be entitled to receive or apply for Guard retirement."
4. On 31 October 2006, the applicant was honorably released from active duty by reason of physical disability with severance pay.
5. Item 18 on the applicant's DD Form 214 states, in pertinent part, "ENTITLED TO FULL SEPARATION PAY IN THE AMOUNT OF $92,174.40."
6. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. The regulation states, in pertinent part, that for a Soldier receiving separation/readjustment or non-disability severance pay (as indicated by the finance office), enter the type of pay and amount in item 18 on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant was released from active duty by reason of physical disability with severance pay. Therefore, it would be appropriate to correct the entry "ENTITLED TO FULL SEPARATION PAY IN THE AMOUNT OF $92,174.40" in item 18 on his DD Form 214 to show "ENTITLED TO SEVERANCE PAY IN THE AMOUNT OF $92,174.40."
2. The applicant's contention that he was supposed to receive retired pay at age 60 was noted. However, he did not elect to be transferred to the Retired Reserve with entitlement to apply for retirement benefits upon reaching age 60. Evidence of record shows he concurred with the PEB's findings and he elected to be discharged with entitlement to receive disability severance pay. In addition, he acknowledged he understood that this election was final and conclusive for all purposes and may not be changed. He further acknowledged that "I understand by making this election I will not be entitled to receive or apply for Guard retirement."
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. deleting the entry "ENTITLED TO FULL SEPARATION PAY IN THE AMOUNT OF $92,174.40" in item 18 on his DD Form 214; and
b. adding the entry "ENTITLED TO SEVERANCE PAY IN THE AMOUNT OF $92,174.40" in item 18 on his DD Form 214.
_______ _ 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) AR20090004615
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