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ARMY | BCMR | CY2012 | 20120001729
Original file (20120001729.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  2 August 2012

		DOCKET NUMBER:  AR20120001729 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "$12,110.40" rather than "$44,404.80" as the amount of disability severance pay he was awarded.

2.  The applicant states, in effect, he is currently receiving Department of Veterans Affairs (VA) monthly compensation and has been told withholding amounts need to be continued until the VA has reach the amount of $44,404.80.

3.  The applicant provides self-authored statements and a copy of his Defense Finance and Accounting Service (DFAS) Form 702 (Military Leave and Earnings Statement) for the period 1 through 13 November 2006.

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 enlisted in the Regular Army on 30 July 2003.  The highest rank/grade he attained while on active duty was specialist/E-4.

3.  The applicant's DD Form 214 shows he was discharged with severance pay in the amount of $44,404.80 due to a disability.  

4.  Coordination with DFAS shows his Master Military Pay Account entitlement for disability severance pay was $12,110.40.

5.  The applicant provides a copy of his DFAS Form 702 for the period 1 through 13 November 2006 which shows a $12,110.40 disability severance pay amount. 

6.  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 also states for a Soldier receiving separation/readjustment or non-disability severance pay (as indicated by the finance office), enter the type of pay and amount.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show $12,110.40 as the amount of disability severance pay he received was carefully considered and determined to have merit.

2.  The applicant's Master Military Pay Account shows his disability severance pay as $12,110.40; therefore, his DD Form 214 should be corrected to show this amount. 

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 amending his DD Form 214 to show $12,110.40 as the amount of disability severance pay awarded.



      _______ _   __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)                                         AR20120001729



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ABCMR Record of Proceedings (cont)                                         AR20120001729



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