BOARD DATE: 9 September 2010
DOCKET NUMBER: AR20100008766
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect the correct amount of disability severance pay he received upon separation from active duty.
2. The applicant states his DD Form 214 shows he received disability severance pay in the amount of $43,588.80 but he only received $29,059.20. He contends that after his DD Form 214 was completed, an audit was done and it was discovered that he was only due $29,059.20. He adds that the Department of Veterans Affairs (DVA) is making him pay back $43,588.80 of the severance when he only owed $29,059.20.
3. The applicant provides a copy of his DD Form 214 and final Leave and Earning Statement (LES).
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. After having had prior service in the Regular Army (RA) and the Army National Guard (ARNG), the applicant again enlisted in the RA on 5 September 1999.
3. On 10 May 2005, while stationed at Fort Wainwright, AK, a Physical Evaluation Board (PEB) found him unfit for continued active duty service. He was recommended for a 20 percent (%) disability rating percentage with a recommendation for separation from the service with disability severance pay.
4. On 12 May 2005, the applicant was advised of the findings and recommendations of the PEB. Having received a full explanation of the results of the findings and recommendations and his legal rights thereto, the applicant concurred with proceedings and waived a formal hearing of his case.
5. Accordingly, on 5 July 2005, 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 physical disability with severance pay. Block 18 (Remarks) of his DD Form 214 shows the entry "DISABILITY SEVERANCE PAY -- $43,588.80."
6. On 28 June 2006, C Detachment, 125th Finance Battalion, Fort Wainwright, issued the applicant a Memorandum for Record, Subject: Disability Severance Pay. The memorandum included a copy of his final LES for the period 1-5 July 2005. This LES shows under the entitlements section that he was paid $29,059.20 in disability severance pay.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes the standardized policy for preparing and distributing the DD Form 214. It states the "REMARKS" block is used for Headquarters, Department of the Army mandatory entries when a separate block is not available. When a Soldier receives separation/readjustment or non-disability severance pay (as indicated by the finance office), the type of pay and amount are to be entered here.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to reflect the correct amount of disability severance pay he received upon separation from active duty has been carefully reviewed.
2. Block 18 of his DD Form 214 shows he received $43,588.80; however, his final LES shows he only received $29,059.20. 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.
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 from block 18 of his DD Form 214 the entry "DISABILITY SEVERANCE PAY -- $43588.80" and replacing it with the entry "DISABILITY SEVERANCE PAY -- $29059.20."
________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) AR20100008766
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100008766
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 | 20100023301
His DD Form 214 issued at the time shows he was honorably discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, and Separation), paragraph 4-24e(3). Military Personnel Message Number 06-147, dated 23 May 2006, subject: DD Form 214, Separation/Readjustment/Severance Pay (Disability or Nondisability) Annotation, states when a Soldier receives disability severance pay, the "Gross" (not NET) amount is requested from DFAS and entered in item 18...
ARMY | BCMR | CY2012 | 20120019075
The applicant states: * when she was honorably discharged for disability at Fort Wainwright, AK, she went to the transition center to out-process * she left Fort Wainwright on 30 days of permissive temporary duty to bring her children back * she did not sign her DD Form 214 * she was promotable to SGT as her Enlisted Record Brief (ERB) shows * the regulation is clear in that promotable Soldiers separated for disability are paid severance pay at the higher grade 3. Chapter 2 contains...
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 | CY2009 | 20090015575
The applicant requests that his DD Form 214 be corrected to show the receipt of $76,221.60 in Disability Severance Pay and a Separation Program Designator (SPD) code of "JFI." On 29 February 2008, the applicant was discharged due to a physical disability with severance pay. As the applicant was on active duty at the time the new law was passed the appropriate code for a discharge due to a combat related physical disability with severance pay is JFI.
ARMY | BCMR | CY2012 | 20120022462
Overall, several errors were committed in relation to her pay in December 1998 and then her retirement formula, computation of her retired pay, the length of time she was placed on the TDRL, and the more recent debt that occurred as a result of an audit of her pay records by DFAS. The applicant provides: * Self-authored breakdown of each LES * Listing of what appears to be her credit report * Divorce decree * Audit Request Form * Letter, dated 3 August 2009, from DFAS * Letter, dated 22...
ARMY | DRB | CY2005 | 20050009477
David W. Tucker | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant's DD Form 214 shows he received separation pay in the amount of $7566.00. Army Regulation 635-5 (Separation Program Designator (SPD) codes) states separation code JFM will be given when an enlisted Soldier is involuntarily discharged due to disability, existed prior to service, Physical Evaluation Board (PEB), under the provisions of Army...
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 | 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 | CY2012 | 20120020690
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 22 October 1985 as follows: * item 1 (Name) to show his name as "L____ M____ L____, Jr." * item 18 (Remarks) to delete the statement "AMOUNT OF DISABILITY/READJUSTMENT PAY: $13,452.60" * item 28 (Narrative Reason for Separation) to show "PHYSICAL DISABILITY" vice "PHYSICAL DISABILITY WITH SEVERANCE PAY" 2. His DA Form 3340 (Request for RA Reenlistment or...