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 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 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
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120001729
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090011545
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant provides the following documents in support of his application: self-authored statements; U.S. Army Human Resources Command (USAHRC) memorandum, dated 6 March 2009; U.S. Central Command, Joint Security Office memorandum, dated 26 November 2008; 9th Financial Management Company Memorandum for Record, dated 11 December 2008; DD Form 139 (Pay Adjustment Authorization), dated 11 December 2008; D Company, 230th Financial...
ARMY | BCMR | CY2009 | 20090011619
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his overseas service. DFAS records and the applicant's DFAS Forms 702 provide evidence that he served overseas in Kuwait for 4 months and 16 days during the period covered by his DD Form 214. __________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.
ARMY | BCMR | CY2010 | 20100030302
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to properly show his period of deployment to Iraq as 5 March 2004 through 14 March 2005, a period of 1 year and 10 days. It states: a. the total amount of foreign service completed during the continuous period of active service will be entered as "YYYY MM DD" in item 12f of the form; b. for an active duty Soldier deployed with his or her unit during their continuous period of active...
ARMY | BCMR | CY2014 | 20140016980
The advisory shows: * the 2013 pay scale for an E-8 with over 30 years of service ($5,591.40 monthly) should have been used (3 days of leave at $186.38 daily rate = $559.14) * the applicant should be reimbursed $559.14 for 3 days of leave * DFAS verified his SGLI/Family SGLI payments listed on his December 2013 Leave and Earnings Statement was billed twice in the amount of $52.00 * the applicant is due reimbursement for the overpayment of SGLI/Family SGLI 15. On the same date, he provided a...
ARMY | BCMR | CY2012 | 20120004942
IN THE CASE OF: BOARD DATE: 20 November 2012 DOCKET NUMBER: AR20120004942 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. There is no evidence of record and the applicant did not provide any documents to show the specifics of his debt to the government. _______ _ 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.
ARMY | BCMR | CY2011 | 20110024736
The applicant requests correction of the amount of severance pay shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty). DISCUSSION AND CONCLUSIONS: The evidence of record shows an error in the amount of severance pay entered on the applicant's DD Form 214. 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.
ARMY | BCMR | CY2009 | 20090016367
The applicant was discharged on 7 April 1996 under the provisions of Army Regulation 635-40, paragraph 4-24b(3) by reason of physical disability with entitlement to severance pay. The applicants pay records at DFAS confirm he had a $15,579.82 debt at the time of his discharge. The applicant has not provided sufficient evidence which confirms he did not receive his disability severance pay.
ARMY | BCMR | CY2011 | 20110018541
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she contributed to the Montgomery GI Bill (MGIB). With respect to an entry regarding the MGIB on the DD Form 214, there is no provision in the regulation that governs the DD Form 214 to annotate an entry regarding the MGIB on this form.
ARMY | BCMR | CY2013 | 20130004447
His DD Form 214 for the period ending 14 July 1998 shows he was honorably discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) paragraph 4-24(B)3, disability with severance pay. DFAS requested that the Army Review Boards Agency correct the amount shown on the applicant's DD Form 214 from $42,717.60 to $21,358.80. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2013 | 20130006339
c. The amount of $11,694.60 shown in item 18 of the applicant's DD Form 214 is incorrect as it is not the amount he received in January 2009. Based on this information, it is recommended that the applicant request correction to his DD Form 214 from the Army Board for Correction of Military Records. The statement provided by the DFAS, Deputy Director of Operations is accepted as sufficient evidence to support correction of item 18 of the applicant's DD Form 214 to show disability severance...