IN THE CASE OF:
BOARD DATE: 6 September 2012
DOCKET NUMBER: AR20120003728
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 records to show he received $138,890.00 of disability severance pay instead of $98,056.80.
2. The applicant states, in effect, he should have received severance pay for
17 years based on a pay rate of $4,085.00 multiplied by two which equals $138,890.00. Receipt of an incorrect amount of severance pay has made it impossible for him to complete his 2010 taxes.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. After having had previous enlisted service, the applicant enlisted in the Regular Army on 27 September 2006 and he held military occupational specialty 13W (Field Artillery Meteorological Crewmember). The highest rank/grade he attained while serving on active duty was sergeant first class (SFC)/E-7.
2. On 14 June 2010, a Physical Evaluation Board determined that the applicant was physically unfit for duty and recommended that he be separated with severance pay with a 10 percent disability rating.
3. Orders Number 210-0024, issued by Joint Base Garrison, Joint Base Lewis-McChord, WA, dated 29 July 2010, directed that he be discharged with disability severance pay with a 10 percent disability rating in the rank of SFC based on
16 years, 6 months, and 5 days of service.
4. He was discharged on 12 October 2010. His DD Form 214 shows he received $98,056.80 in disability severance pay.
5. On 24 May 2012, an official from the Defense Finance Accounting Service verified he received $98,056.80 of separation pay entitlement before tax withholdings.
6. The 2010 military pay table shows the basic pay rate for an SFC with between 17 and 18 years of service was $4,085.70 per month.
7. Title 10, U.S. Code, chapter 61, provides the Secretaries of the Military Departments with authority to retire or separate members when the Secretary finds that they are unfit to perform their military duties because of physical disability and Department of Defense (DoD) Instruction 1332.39, (Application of the Veterans Administration Schedule for Rating Disabilities), set forth the policies and procedures implementing the statute. DoD Instruction 1332.39 states disability ratings can range from 0 to 100 percent rising in increments of 10. Separation with disability severance pay occurs if the member is found unfit, has less than 20 years of service, and has a disability rating of less than
30 percent. Disability severance pay equals 2 months of basic pay for each year of service not to exceed 12 years.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should have received $138,890.00 of disability severance pay instead of $98,056.80 because 17 years of service at a base pay rate of $4,085.00 multiplied by two, in his estimation, equals $138,890.00.
2. U.S. Code and DoD instructions do not allow the years of service used to calculate disability severance pay to exceed 12 years of service.
3. The determination for severance pay was made by multiplying his authorized base pay ($4,085.00) by two, which equals $8,171.40. That number ($8,171.40) was further multiplied by 12 years of service, the sum of which equaled $98,056.80. Therefore, the amount of severance pay listed on his DD Form 214 ($98,056.80) was correct and proper.
4. Based on the forgoing evidence, his requested relief is denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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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