IN THE CASE OF:
BOARD DATE: 31 May 2012
DOCKET NUMBER: AR20110024736
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 amount of severance pay shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. He states the Soldier who assisted him with his paperwork at Fort Bragg, NC, told him the amount of severance pay entered on his DD Form 214 was incorrect. The DD Form 214 shows $67,435.20, but the correct amount is $39,337.20. When he asked for correction of the error, he was told the Defense Finance and Accounting Service (DFAS) would have the correct amount in their records.
3. He provides letters from DFAS and the Department of Veterans Affairs (VA) and his 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. On 11 August 1970, the applicant was inducted into the Army of the United States. On 14 March 1972, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) to complete his military service obligation. He was discharged from the USAR on 10 August 1976. On 11 November 1978, he enlisted in the USAR, where he served until he was transferred to the Retired Reserve on 26 February 1999. On 24 August 2000, he returned to an active status in the USAR.
3. On 25 January 2003, the 81st Regional Support Command, Birmingham, AL, issued Orders M-025-0036 ordering him to active duty for 365 days in support of Operation Enduring Freedom with a report date of 27 January 2003.
4. On 2 February 2004, the U.S. Army Human Resources Command, St. Louis, MO, issued Orders A-02-400937 ordering the applicant to active duty for a period of 120 days effective 27 January 2004 for the purpose of active duty medical extension. The orders were later amended to change the period of active duty to 210 days.
5. His official military personnel file does not contain documentation of the circumstances of his discharge in 2004.
6. He provides a DD Form 214 showing he was honorably discharged for disability with severance pay on 16 July 2004. Item 18 (Remarks) of this
DD Form 214 shows he received severance pay in the amount of $67,435.20.
7. He provides a letter, dated 10 May 2005, DFAS sent to the VA in response to a request for information on his separation pay. DFAS informed the VA he had received separation pay in the amount of $39,337.20. DFAS noted that they only report what is shown on the member's pay account not considering the amount shown on the DD Form 214.
8. He provides a letter from the VA, dated 13 May 2005, informing him of the VA's decision on his claim for service-connected disability compensation. The letter informed him the VA was required to hold back part of his compensation until the severance pay he had received was paid back. The letter shows he had received severance pay in the amount of $39,337.20.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows an error in the amount of severance pay entered on the applicant's DD Form 214. DFAS confirmed he had received $39,337.20 in severance pay. This is the amount that should be shown in item 18 of 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 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 amending item 18 of his DD Form 214 to show he received $39,337.20 in severance pay.
_____________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) AR20110024736
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ABCMR Record of Proceedings (cont) AR20110024736
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