IN THE CASE OF:
BOARD DATE: 19 November 2009
DOCKET NUMBER: AR20090011409
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 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.
2. The applicant states the amount of severance pay he received is shown incorrectly on his DD Form 214. He adds that this amount must be repaid before he can receive disability pay from the Department of Veterans Affairs (DVA) since the DVA uses the DD Form 214 as a basis to establish his entitlement.
3. The applicant provides a copy of his DD Form 214 for the period ending
19 January 2003; a copy of a Separations Worksheet, dated 20 December 2002; a copy of page 1 of his DVA rating decision, dated 5 February 2003; and a copy of his discharge orders, dated 30 October 2002, 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 records show he enlisted in the Regular Army (RA) on 16 August 2000. He was trained in, awarded, and served in military occupational specialty (MOS) 71L (Administrative Specialist). He attained the rank/grade of specialist (SPC)/E-4 during his tenure of service.
3. The applicant's records also show he was honorably discharged on 19 January 2003 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 in the rank of SPC. He had completed
2 years, 5 months, and 4 days of active service.
4. Block 18 of the applicant's DD Form 214 shows he was authorized severance pay in the amount of $9,597.60.
5. The applicant submitted a copy of a Separations Worksheet that shows he was entitled to $6,070.80 of disability pay as well other entitlements for base pay, subsistence, cost of living, and clothing and housing allowance, for a total of $7,709.80, not including taxes, insurance, or advances.
6. An email, dated 15 July 2009, from the Defense Finance and Accounting Service (DFAS) confirms the applicant was separated on 19 January 2003 and that he received $6,319.20 in severance pay.
7. The applicant submitted a copy of page 1 of his DVA rating decision which shows he was awarded a service-connected monthly entitlement and that it would be held back until the amount of $9,597.60 is paid pack.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. This DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training. The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty. Block 18 is used for Department of the Army mandatory requirements when a separate block is not available. For a Soldier receiving severance, readjustment, or non-disability severance pay (as indicated by the finance office), enter type of pay and amount. This guidance was later clarified to ensure transition points were entering the gross amount of severance pay.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows that the applicant was discharged by reason of disability with severance pay. Prior to his discharge, it appears that the Army Transition Center calculated his total entitlements, including severance pay and listed this amount as "$9,597.60." However, the DFAS official confirmed that the applicant only received "$6,319.20" of disability severance pay prior to his discharge. Therefore, the applicant's DD Form 214 should be corrected to show the amount of "$6,319.20" in severance pay.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X____ ___X____ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from Block 18 of his DD Form 214 the entry "$9,597.60" and replacing it with the entry "$6,319.20."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting block 18 to reflect the amount of "$6,070.80."
___________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) AR20090011409
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090011409
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2007 | 20070014909
The applicant requests correction of the amount of severance pay shown in item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show $40,809.60. This message states, in pertinent part, that when a Soldier receives separation/readjustment/severance pay (disability or non-disability), the Gross (not NET) amount will be requested from Finance and the gross amount of the applicable pay will be entered in item 18 on the DD Form 214. As a result, the...
ARMY | BCMR | CY2009 | 20090007031
The applicant requests, in effect, correction of Block 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty), to show he received "$25,000.00" instead of "$34,304.40" in disability severance pay. Block 18 of this form shows the applicant was authorized severance pay in the amount of $34,304.40 7. Therefore, the applicant's DD Form 214 should be corrected to show the amount of $31,665.60 in severance pay.
ARMY | BCMR | CY2010 | 20100008766
Block 18 (Remarks) of his DD Form 214 shows the entry "DISABILITY SEVERANCE PAY -- $43,588.80." Therefore, it would be appropriate to correct his DD Form 214 to show he only received disability severance pay in the amount of $29,059.20. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from block 18 of his DD Form 214 the entry "DISABILITY SEVERANCE PAY -- $43588.80" and replacing it with the entry "DISABILITY...
ARMY | BCMR | CY2003 | 2003086554C070212
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to indicate that he declined involuntary separation pay. Block 18 on the applicant's DD Form 214 shows the entries: "SEPARATION PAY - -$24986.88" and "MEMBER IS ENTITLED TO HALF INVOLUNTARY SEPARATION PAY." There is no evidence of record which shows the applicant received half involuntary separation pay in the amount of $24,986.88.
ARMY | BCMR | CY2005 | 20050000585C070206
The applicant was honorably discharged from active duty on 21 July 2003 under the provisions of Army Regulation 635-40, paragraph 4-24b(3) based on physical disability with severance pay. The applicant's DD Form 214 reflects that his disability severance pay amount was $38035.00. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.
ARMY | BCMR | CY2007 | 20070018547
The applicant states, in effect, that a Physical Evaluation Board (PEB) determined that he was medically unfit and recommended separating him for disability with severance pay. The applicant underwent a PEB that determined he was physically unfit and recommended his separation for disability with severance pay. Evidence of record shows that the applicant did not receive the severance pay indicated on his separation orders or his DD Form 214.
ARMY | BCMR | CY2004 | 20040010288C070208
i. a copy of the proceedings of the PEB convened on 3 June 2004; j. a copy of an undated and unsigned DA Form 5892-R (PEBLO Estimated Disability Compensation Worksheet) that shows an estimated disability severance pay amount of $41,613 based on $3,783 (sum of basic pay times 2 months) multiplied by 11 (years combined service); k. a copy of a Separation Pay Worksheet, dated 29 July 2004, that shows an estimated final payment of $16,930.46; and l. a copy of the applicant's final Leave and...
ARMY | BCMR | CY2010 | 20100021474
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of block 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), to show he received "$34,692.84" instead of "$35,360.01" in special separation benefits (SSB). The applicant states, in effect, the amount of separation pay he received is shown incorrectly on his DD Form 214.
ARMY | BCMR | CY2007 | 20070015329
Item 12.a., of the applicant's DD Form 214, shows the entry: 2003 / 07 / 31. The applicant is therefore entitled to a correction of Item 12.d to show he had no active service time before 31 July 2003. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. correcting Item 12.c., of the applicant's DD Form 214, to show the entry: 0003 / 10 / 05 as opposed to the currently shown 0000 / 11 / 26; b. correcting Item 12.d., of the...
ARMY | BCMR | CY2006 | 20060013050
x The Board considered the following evidence: Exhibit A - Application for correction of military records. However, the Separation Pay Worksheet and the advisory opinion from DFAS verify he was entitled to $40,374.00 disability severance pay. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entry "DISABILITY SEVERANCE PAY - $53832.00" from item 18 on his DD Form 214; and b. adding the entry "DISABILITY...