IN THE CASE OF:
BOARD DATE: 19 April 2011
DOCKET NUMBER: AR20100024226
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 item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending
9 September 1997 by deleting the entry that indicates he received severance pay in the amount of $99,999.99. He also requests correction of his DD Form 214 for the period ending 31 October 2010 to show the Meritorious Service Medal (MSM).
2. The applicant states he did not receive severance pay upon his discharge in 1997 and he received the MSM after his DD Form 214 was completed.
3. The applicant provides a DD Form 214 for the period ending 9 September 1997, a DA Form 638 (Recommendation for Award), an MSM Certificate, and a memorandum from the Defense Finance and Accounting Service (DFAS).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 22 September 1987. He was discharged on 9 September 1997 by reason of completion of required active service and transferred to the U.S. Army Reserve Control Group.
2. His separation orders do not indicate he was authorized severance pay. However, item 18 of his DD Form 214 for this period of service indicates he received severance pay in the amount of $99,999.99.
3. A memorandum from DFAS, dated 24 August 2010, confirms the applicant was never paid severance pay as stated on his DD Form 214.
4. He was ordered to active duty in a U.S. Army Reserve Active Guard Reserve status and served on active duty from 28 November 1999 to 28 August 2003.
5. He enlisted in the Army National Guard on 4 October 2003 and entered active duty in an Army National Guard Active Guard Reserve status on 19 August 2004.
6. A DA Form 638, dated 10 August 2010, shows he was awarded the MSM for the period 31 October 2000 to 31 October 2010 by Joint Force Headquarters Arizona National Guard Permanent Order Number 65-03, dated 31 August 2010.
7. On 31 October 2010, he was retired and placed on the Retired List. His DD Form 214 for this period of service does not show the MSM in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized).
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214 and states that:
a. the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.
b. it provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
c. for item 13, list awards and decorations for all periods of service.
d. item 18 is for Headquarters Department of the Army mandatory requirements when a separate block is not available.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 for the period ending 9 September 1997 should be corrected by deleting the entry that indicates he received severance pay and that his DD Form 214 for the period ending 31 October 2010 should be corrected to show the MSM.
2. His separation orders do not indicate he was authorized severance pay. An official memorandum from DFAS confirms he was never paid severance pay as stated on his DD Form 214 for the period ending 9 September 1997. Therefore, an error was made in the preparation of his DD Form 214 in that it shows he received severance pay. It would be appropriate to delete this entry at this time.
3. A DA Form 638 confirms he was awarded the MSM prior to his retirement and placement on the Retired List, but this award is not shown on his DD Form 214 for the period ending 31 October 2010. Therefore, he is entitled to correction of his DD Form 214 to show this award.
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:
a. deleting from item 18 of his DD Form 214 for the period ending 9 September 1997 the entry "SEVERANCE PAY $99999.99" and
b. adding to his DD Form 214 for the period ending 31 October 2010 the Meritorious Service Medal.
____________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) AR20100024226
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ABCMR Record of Proceedings (cont) AR20100024226
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