BOARD DATE:	  4 January 2013

		DOCKET NUMBER:  AR20120011581 


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 item 18 (Remarks) of his                      DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he received "$19,734.00" instead of "$0000.00" in disability severance pay.

2.  The applicant states, in effect, he has not received a Department of Veterans Affairs (VA) service-connected disability payment because his DD Form 214 is incorrect.

3.  The applicant provides:

* DD Form 214
* Orders 180-1315
* Physical Evaluation Board (PEB) Proceedings
* Physical Disability Information Report
* VA Rating Decision

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 16 November 2010.

2.  On 27 April 2011, a medical evaluation board (MEB) considered the applicant's clinical records and physical examinations and determined he had a medical condition.  The MEB recommended his referral to a PEB.

3.  On 13 June 2011, an informal PEB determined his medical conditions rendered him unfit and recommended his separation with entitlement to severance pay.  On 17 June 2011, he concurred with the PEB's findings and recommendation.

4.  On 29 June 2011, Orders 180-1315, issued by Headquarters, U.S. Army Maneuver Support Center of Excellence, Fort Leonard Wood, MO, reassigned the applicant to the U.S. Army Transition Point for transition processing with a reporting date and date of discharge of 30 June 2011.  The additional instructions section of the orders authorized severance pay in grade E-2 based on 3 years of service.

5.  On 30 June 2011, he was accordingly discharged.  His DD Form 214 issued at the time shows he was honorably discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, and Separation), chapter 4.  Item 18 of this form shows the entry "//Disability Severance Pay $0000.00//."

6.  On 11 December 2012, a Defense Finance and Accounting Service (DFAS) official stated the applicant received gross disability severance pay in the amount of "$9,869.40" which posted to his account on 30 June 2011.

7.  The applicant provides a copy of his VA Rating Decision for service related compensation, dated 31 January 2012.  This document shows he is receiving an overall or combined rating of 20 percent.  This document also states he received a disability severance pay allowance of "$19,734.00" ("$14,800.50" net amount after taxes) from the military and that the VA will withhold (after federal income tax) the severance amount received until an amount equal to his severance pay allowance is paid back in order for him to begin receiving his full monthly VA compensation.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Item 18 is used for Department of the Army mandatory requirements when a separate block is not available.  For a Soldier receiving severance, readjustment, or non-disability severance pay (as indicated by the finance office), enter type of pay and amount. This guidance was later clarified to ensure transition points were entering the gross amount of severance pay.

9.  Military Personnel Message Number 06-147, dated 23 May 2006, Subject:  DD Form 214, Separation/Readjustment/Severance Pay (Disability or Nondisability) Annotation, states when a Soldier receives disability severance pay, the "Gross" (not NET) amount is requested from DFAS and entered in item 18 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct item 18 of his DD Form 214 to show he received "$19,734.00" vice "$0000.00" in disability severance pay has been carefully examined and found to have partial merit.

2.  The evidence of record shows the applicant was discharged by reason of physical disability with entitlement to severance pay.  The evidence further shows DFAS calculated payment and he received gross severance pay in the amount of "$9,869.40" on 30 June 2011.  

3.  The applicant's record does not contain nor was DFAS able to corroborate that the applicant received or was entitled to "$19,734.00" in disability severance pay.  It appears the VA is incorrect in its assumption that the applicant received "$19,734.00" in disability severance pay since the applicant readily admits to not having received a payment nor is there corroborating information present in his military pay file. 

4.  His DD Form 214 inadvertently listed an incorrect amount of "$0000.00."  Based on the foregoing evidence, his DD Form 214 should be corrected to show a gross amount of "$9,869.40" in disability severance pay.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ___x_____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 18 of his DD Form 214 the entry "$0000.00" and replacing it with the entry "$9,869.40." 

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show he was granted "$19,734.00" 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)                                         AR20120011581



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ABCMR Record of Proceedings (cont)                                         AR20120011581



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