BOARD DATE: 16 August 2011
DOCKET NUMBER: AR20110002568
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 to her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she was issued severance pay in the amount of $10,736.06 instead of $101,736.60.
2. She states that the amount of her severance pay is misprinted on her
DD Form 214. She was too sick to recognize the error.
3. She provides a copy of her DD Form 214.
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. The applicant's military records show she enlisted in the Regular Army on 20 August 2002.
3. On 25 January 2005, an informal Physical Evaluation Board (PEB) shows she was found unfit for further military service and rated 10 percent disabled. The PEB recommended separation with severance pay. On 27 January 2005, she concurred with the PEB's findings and recommendation.
4. She was honorably discharged in pay grade E-4 on 15 March 2005, for Disability with Severance Pay.
5. Item 18 (Remarks) of her DD Form 214 lists the amount of her severance pay as $101,736.60.
6. On 19 May 2011, a staff member of the Defense Finance and Accounting Service verified that the applicant received disability severance pay in the amount of $10,173.60.
7. Army Regulation 635-5 (Personnel Separations - 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. It states that for a Soldier receiving severance pay (as indicated by the finance office) the type of pay and amount will be entered in Item 18.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows a PEB recommended that the applicant be discharged due to disability with severance pay. She was authorized and issued severance pay in the amount of $10,736.60. Item 18 of her DD Form 214 lists the amount of her severance pay as $101,736.60. Therefore, Item 18 of her
DD Form 214 should be corrected to show she received severance pay in the amount of $10,736.60.
2. In view of the foregoing, her records should be corrected as recommended below.
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 Item 18 of the applicant's DD Form 214 the entry "Disability Severance Pay -- $101,736.60" and adding "Disability Severance
Pay -- $10,736.60."
_______ _ 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.
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