BOARD DATE: 27 September 2012
DOCKET NUMBER: AR20120005483
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 severance pay entry in item 18 (Remarks) of her DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states her severance pay was incorrectly computed and the incorrect amount was entered in item 18 of her DD Form 214.
3. The applicant provides a Defense Finance and Accounting Service (DFAS) Leave and Earnings Statement (LES), dated 11 January 2007, and LES Online Inquiry System print-out, dated 20 August 2007, in support of her request.
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 Army National Guard on 27 September 1990, and she was trained in and awarded military occupational specialty 92Y (Unit Supply Specialist). On 4 January 2003, she was promoted to staff sergeant/E-6; this is the highest grade she held during military service.
3. On 28 January 2004, the applicant entered active duty in an Active Guard Reserve status. She served on active duty for 2 years, 11 months, and 14 days until being honorably separated, by reason of disability with severance pay, on 11 January 2007.
4. Item 18 of her DD Form 214 contains the entry DISABILITY SEVERANCE PAY - $91305.00.
5. A review of a DFAS record confirms the applicant actually received $73,044.00 in pre-taxed severance pay.
DISCUSSION AND CONCLUSIONS:
The applicants request to correct the severance pay entry in item 18 of her DD Form 214 has been carefully considered and found to have merit. Therefore, it would be appropriate to amend the entry in question to reflect the correct amount of severance pay authorized.
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 item 18 of her DD Form 214 by:
a. deleting the entry "DISABILITY SEVERANCE PAY -- $91305.00" and
b. adding the entry "DISABILITY SEVERANCE PAY -- $73,044.00."
__________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) AR20120005483
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120005483
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