BOARD DATE: 18 January 2012
DOCKET NUMBER: AR20110011777
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 the years of service on his 30 April 2011 DD Form 214 (Certificate of Release or Discharge from Active Duty) and award of disability severance pay based on the corrected number of years.
2. The applicant states his earlier DD Form 214 was missing at the time of his disability separation.
3. The applicant provides copies of two DD Forms 214 and his 26 April 2011 discharge orders.
CONSIDERATION OF EVIDENCE:
1. The applicant's integrated Personnel Electronic Management System records do not contain any documentation of his prior periods of service in the U.S. Navy.
2. His 13 January 2009 DD Form 214 shows:
a. he entered active duty in the Navy on 14 January 2001;
b. at entry, he had 4 years, 1 month, and 3 days of prior active service and 1 year, 2 months, and 28 days of prior inactive service; and
c. he was discharged from active duty in pay grade E-5 on 13 January 2009 with 8 years of creditable service for this period.
3. On 10 March 2009, the applicant enlisted in the Regular Army (RA) in pay grade E-5.
4. Headquarters, Fort Bliss, TX Orders 116-0022, dated 26 April 2011, discharged the applicant with severance pay, due to a 10 percent disability rating, in pay grade E-5, with 6 years, 4 months, and 22 days of service under 10 U.S. Code Section 1208.
5. His 30 April 2011 DD Form 214 shows 2 years, 1 month, and 21 days of service during this period with 4 years, 1 month, and 3 days of prior active service and 3 years, 9 months, and 3 days of prior inactive service. It also shows he was paid $33,606.00 in disability severance pay.
6. Title 10, Chapter 61, Section 1203 states that upon a determination by the Secretary concerned a member described as unfit to perform the duties of the members office, grade, rank, or rating because of a physical disability rated less than 30 percent may be separated from the Armed Forces with severance pay computed under sections 1208 and 1212 of this title.
7. Title 10, Chapter 61, Section 1208 states for the purpose of separation, discharge, or retirement for length of service the sum of the individual's active service as a member of the Armed forces will be utilized.
8. Title 10, Chapter 61, Section 1212 states upon separation from the Armed Forces under section 1203 or 1206 of this title, a member is entitled to disability severance pay computed by multiplying the members years of service computed under section 1208 (i.e. the sum of his active service) by twice the amount of monthly basic pay to which he would be entitled if serving on active duty on the date when he is separated in the grade and rank in which he was serving.
DISCUSSION AND CONCLUSIONS:
1. The applicant's 30 April 2011 DD Form 214 does not properly reflect the correct type and duration of the applicant's total military service.
2. The applicant had 12 years, 1 month, and 3 days of active service and 1 year, 2 months, and 28 days of inactive service in the Navy prior to his enlistment in the RA.
3. His 30 April 2011 DD Form 214 credit him with 2 years, 1 month, and 21 days of active service for that period; but incorrectly shows 4 years, 1 month, and 3 day of prior active service, with 3 years, 9 months, and 3 days of inactive service.
4. His discharge orders credit him with only 6 years, 2 months, and 24 days of active service for the purposes of his severance pay calculation; however, based on the available evidence this is less than half of his total active service.
5. His discharge orders should be amended to show his disability severance pay was based on 14 years, 2 months, and 24 days of active service not 6 years,
2 months, and 24 days.
6. The applicant's record should be referred to the Defense Finance and Accounting Service (DFAS), his severance pay should be recalculated based on the above additional service, and the applicant should be paid appropriately.
7. Therefore, the 30 April 2011 DD Form 214 should be corrected in:
a. item 12d (Total Prior Active Service) to show 12 years, 1 month, and 3 days of prior active service;
b. item 12e (Total Prior Inactive Service) to show 1 year, 2 months, and 28 days; and
c. directing DFAS to recalculate the applicant's severance pay based completion of 14 years, 2 months, and 24 days of active duty.
8. Upon completion of DFAS's action, the applicant may forward a copy of the DFAS payment information to the ABCMR with a new application requesting that his severance pay be corrected on his DD Form 214.
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 correcting the applicant's the 30 April 2011 DD Form 214 to show at:
a. item 12d (Total Prior Active Service) to show 12 years, 1 month, and 3 days of prior active service;
b. item 12e (Total Prior Inactive Service) to show 1 year, 2 months, and 28 days; and
c. amending Orders 116-0022, dated 26 April 2011, to show his disability severance pay was based on 14 years, 2 months, and 24 days of active service
d. directing DFAS to recalculate his severance pay based completion of 14 years, 2 months, and 24 days of active duty.
_______ _ 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) AR20110011777
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