BOARD DATE: 6 July 2010
DOCKET NUMBER: AR20100017246
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).
CONSIDERATION OF ADDITIONAL EVIDENCE:
23. On 15 June 2010 new information was received from the Defense Finance and Accounting Service (DFAS), Retired and Annuity Pay section in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090004700, dated 3 November 2009.
24. The evidence submitted consists of a DFAS memorandum advising the Board that they can not execute the actions directed as set forth in the decisional document.
25. DFAS advises that if a service member is discharged with severance pay he/she cannot be transferred to the Retired Reserve. A member cannot be retired from a discharged with severance pay status.
26. Army Regulation 635-5-1 (Separation Program Designators (SPD)), the version in effect at the time, stated that the SPD "MFR" would be used when the reason for separation was involuntary discharge due to Physical disability - other.
27. SPD "MFR" was to be utilized for service members who qualify for physical disability with severance pay and qualify for retirement at age 60 and elect to receive Reserve Retirement in lieu of severance pay.
28. When the SPD "MFR" is utilized the statement, "The Soldier has been separated by reason of physical disability and has selected Reserve Retirement In-Lieu of Severance: No Severance Pay is Authorized" will be entered at block 18 (Remarks) on the DD Form 214.
ADDITIONAL DISCUSSION AND CONCLUSIONS:
16. At the time of the decision of the ABCMR in Docket Number AR20090004700, dated 3 November 2009, it was the intent of the ABCMR to make the applicants record as administratively correct as it should properly have been at the time.
17. The wrong SPD code and narrative reason for separation were inadvertently utilized in the correction of the applicant's records to show he elected Reserve Retirement in lieu of severance pay. This resulted in the inability of DFAS to properly finalize its actions.
18. It is appropriate to correct the decisional document to show the proper SPD code and narrative reason by deleting the Board Determination/Recommendation items b through e and replacing them as follows:
b. correcting his DD Form 214 and/or any related documents to show he was separated due to physical disability - other with an SPD of MFR;
c. adding at block 18 on the DD Form 214 the statement, "The Soldier has been separated by reason of physical disability and has selected Reserve Retirement In-lieu of Severance: No Severance Pay is Authorized";
d. correcting his NGB Form 22 to show he was separated due to physical disability - other and transferred to the Retired Reserve;
e. showing he was placed on the Retired List with entitlement to retired pay as of the date of his 60th birthday, 26 June 2008; and
f. having DFAS do a full audit of the applicant's pay records, coordinating with the VA, to determine the monetary amounts the applicant is entitled to as a result of the above corrections and, upon final calculation by DFAS, contacting the applicant to coordinate a schedule for any repayment of the remaining disability severance pay overpayment.
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 amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20090004700, dated 3 November 2009, by deleting the Board Determination/Recommendation items b through e and replacing them as follows:
b. correcting his DD Form 214 and/or any related documents to show he was separated due to physical disability - other with an SPD of MFR;
c. adding at block 18 on the DD Form 214 the statement, "The Soldier has been separated by reason of physical disability and has selected Reserve Retirement In-Lieu of Severance: No Severance Pay is Authorized";
d. correcting his NGB Form 22 to show he was separated due to physical disability - other and transferred to the Retired Reserve;
e. showing he was placed on the Retired List with entitlement to retired pay as of the date of his 60th birthday, 26 June 2008; and
f. having DFAS do a full audit of the applicant's pay records, coordinating with the VA, to determine the monetary amounts the applicant is entitled to as a result of the above corrections and, upon final calculation by DFAS, contacting the applicant to coordinate a schedule for any repayment of the remaining disability severance pay overpayment.
_______ _ 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) AR20100017246
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
SUPPLEMENTAL RECORD OF PROCEEDINGS
1
ABCMR Supplemental Record of Proceedings (cont) AR20100017246
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110021668
The applicant requests, in effect, correction of her records to show she was transferred to the Retired Reserve with eligibility for retired pay at age 60 instead of discharged due to disability with severance pay. In view of the foregoing, the applicant's record should be corrected to show she elected Reserve Retirement in lieu of severance pay as follows: a. correcting her DD Form 214 and/or any related documents to show she was separated due to physical disability - other with an SPD...
ARMY | BCMR | CY2009 | 20090004700
In order to rectify the multiple errors, it is appropriate to correct the record to show that the applicant had 20 qualifying years of service as of 25 May 1992, that he was issued a proper 20-year letter, that he elected to receive non-regular retirement in lieu of disability severance pay, that he was transferred to the Retired Reserve 26 May 1992 with entitlement to retired pay upon attaining age 60, and that he was placed on the Retired List effective 26 June 2008 with entitlement to...
ARMY | BCMR | CY2013 | 20130004167
The applicant requests, in effect, correction of her records to show she was transferred to the Retired Reserve with eligibility for retired pay at age 60 instead of discharged due to disability with severance pay. Army Regulation 635-40 states that when a Soldier has a disability rating of less than 30 percent and has at least 20 qualifying years for retirement for non-Regular service, "You have the option of accepting discharge with disability severance pay and forfeiting retirement for...
ARMY | BCMR | CY2012 | 20120002872
The applicant requests his military records be corrected to show he elected to receive non-regular retirement in lieu of disability severance pay. Since separation with disability severance pay occurs if the member has less than 20 years of service, and the applicant had 20 years of qualifying service for retired pay on 5 June 2006, it would be appropriate to correct his records to show he elected to receive a non-regular retirement in lieu of disability severance pay and showing he was...
ARMY | BCMR | CY2010 | 20100013769
Immediately following his Army discharge, he applied to the Department of Veterans Affairs (VA) for disability compensation and he was granted a 70 percent (%) disability rating in 1990 and 100% in 1993; c. The VA began deducting money from his VA disability compensation in various amounts starting 1 September 1990 to reimburse the Army the severance pay he received; d. In April 2007, he completed an application for retirement and returned it to the Retirement Personnel Office, Frankfort,...
ARMY | BCMR | CY2013 | 20130002139
The applicant states: * the military overpaid his student loans in 2008 he was not aware that an overpayment had occurred since the payments were made directly to the Department of Education while he was deployed to Iraq * he was entitled to $9,000.00 in student loan repayment benefits; however, payments totaling $14,400.00 were applied toward his loans * after redeployment from Iraq, he was released from active duty in Virginia, not California, and his Virginia address is reflected on his...
ARMY | BCMR | CY2010 | 20100012317
His enlistment bonus for 6 years is shown as $2,000.00 with the stipulation of payment as follows: a. initial payment of one half of the total after receiving his secondary school diploma, completing IADT, and qualifying in an MOS; and b. two subsequent payments of one quarter of the total upon completion of the 2nd and 4th years of service; 3. With his completion of MOS training, the applicant met the final requirement for the enlistment bonus. Payment of the total $2,000.00 is not...
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 | CY2013 | 20130010226
The applicant requests relief of recoupment of $5,103.45 under the Student Loan Repayment Program (SLRP) for the period 2001 to 2004. In the 24 April 2013 memorandum, the CAARNG stated the applicant was eligible for 4 payments of $787.50 for a total of $3,150. As a result, the Board recommends that all State Army National Guard and Department of the Army records of the individual concerned be corrected by showing a request to allow payment of the total SLRP amount paid on the applicant's...
ARMY | BCMR | CY2009 | 20090004393
After the death of her husband an audit of the FSM's records determined that he did have 20 qualifying years of service and was eligible for retired pay on application at age 60. Army Regulation 135-180 states in paragraph 2-3 that a 20-year letter will be issued to the Reserve Component Soldier within 1 year after they complete 20 years of qualifying service for retirement. The Defense Finance and Accounting Service (DFAS) should audit the FSM's pay records and provide the applicant his...