IN THE CASE OF:
BOARD DATE: 11 May 2010
DOCKET NUMBER: AR20090018242
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 the entry "SEPARATION PAY - - $7,035.60" be removed from his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 12 September 2008.
2. The applicant states he did not receive separation payment because he was not entitled to separation pay. He states the entry needs to be removed because the Department of Veterans Affairs (VA) is proposing to recoup all of his VA compensation (minus the amount of Federal income tax withheld) until the amount is paid back.
3. The applicant provides copies of his DD Form 214, his discharge orders, and a letter from the VA.
CONSIDERATION OF EVIDENCE:
1. The applicant's military personnel records show he enlisted in the Regular Army on 17 October 2006 for a period of 3 years. He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 88M (Motor Transport Operator).
2. On 10 June 2008, a Physical Evaluation Board (PEB) found the applicant physically unfit for duty by reason of asthma. The PEB found his condition not to be service aggravated as his asthma had been improved by military medical care but not sufficient enough to retain him in the service. The PEB found the condition to be unfitting but not compensable. The PEB recommended the applicant be separated from the service without disability benefits.
3. On 12 September 2008, the applicant was discharged by reason of a disability that existed prior to service as determined by a PEB. He had completed 1 year, 10 months, and 27 days of active service that was characterized as honorable. He was assigned the separation program designator (SPD) code of "JFM." Item 18 (Remarks) of his DD Form 214 contains the entry "SEPARATION PAY - - $7,035.60."
4. An electronic mail from Defense Finance and Accounting Service (DFAS) states the SPD code "JFM" shows the individual is not entitled to disability severance pay or any type of separation pay.
5. The letter, dated 28 August 2009, from the VA, addressed to the applicant, states the VA proposed to recoup all of his VA compensation effective
1 December 2009 (minus the amount of Federal income tax withheld) until the amount is paid back. The letter states the information is verified by the entry on his DD Form 214.
6. Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The regulation shows that the separation program designator "JFM" as shown on the applicantÂ’s DD Form 214 specifies the narrative reason for discharge as "Disability, Existed Prior to Service PEB."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he did not receive any separation pay and the entry indicating he received separation pay should be removed from his DD Form 214.
2. The applicant was discharged based on PEB findings of physical unfitness due to asthma that existed prior to service. The condition was not service aggravated. The PEB recommended discharge without disability benefits.
3. The SPD code on the applicant's DD Form 214 shows he was discharged for a condition that existed prior to service. DFAS stated he was not entitled to any separation pay based on his SPD code of "JFM."
4. The preponderance of evidence in this case indicates the applicant was not entitled to disability severance pay or any other severance pay. There is no evidence of the applicant having received separation pay. Therefore, it is appropriate to remove the entry "SEPARATION PAY - - $7,035.60" from item 18 of his DD Form 214.
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 deleting the entry "SEPARATION PAY - - $7,035.60" from item 18 of 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) AR20090018242
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