IN THE CASE OF:
BOARD DATE: 24 February 2011
DOCKET NUMBER: AR20100021474
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) 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).
2. The applicant states, in effect, the amount of separation pay he received is shown incorrectly on his DD Form 214. The Department of Veterans Affairs has withheld and recouped the amount shown on his DD Form 214 and he needs a corrected DD Form 214 in order for them to adjust their figures.
3. The applicant provides:
* DD Form 214
* Defense Finance and Accounting Service Form 27-190-R (Separation Pay Worksheet)
* leave and earnings statement (LES) history printout for the period
1-31 October 1992
* LES for the period 1-30 September 1989
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's records show he enlisted in the Regular Army on 19 September 1979 and held military occupational specialty 98C (Signal Intelligence Analyst).
3. On 22 January 1992, he requested early separation under the provisions of Army Regulation 635-200 (Enlisted Separations), paragraph 16-8 (Fiscal Year 1992 (FY92) Incentive Program), and requested payment of SSB.
4. On 14 February 1992, his chain of command recommended approval of his request for early separation and stated the applicant was fully qualified for separation under SSB.
5. On 2 March 1992, the approving authority approved his request for separation under the provisions of Army Regulation 635-200, paragraph 16-8.
6. On 20 September 1992, he was accordingly discharged. His DD Form 214 shows he was honorably discharged by reason of "FY92 Enlisted Voluntary Early Transition Program." Block 18 of this form shows "SSB Payment: $35,360.01."
7. The applicant provided his October 1992 LES history statement which shows he was credited with SSB entitlements in the amount of $34,692.84.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. 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 the 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 the applicant was honorably discharged by reason of a voluntary early transition program with entitlement to SSB. His gross separation pay received on 20 September 1992 was $34,692.84. His DD Form 214 inadvertently listed an incorrect amount of $35,360.01. Therefore, his DD Form 214 should be corrected to show the amount of $34,692.84 in SSB.
BOARD VOTE:
____X____ ____X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 "$35,360.01" from block 18 of his DD Form 214 and replacing it with the entry "$34,692.84."
______________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) AR20100021474
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ABCMR Record of Proceedings (cont) AR20100021474
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