IN THE CASE OF:
BOARD DATE: 31 October 2013
DOCKET NUMBER: AR20130004447
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 14 July 1998 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show disability severance pay in the amount of $21,358.80 vice $42,717.60.
2. He states the amount of disability severance pay listed on his DD Form 214 was listed in error.
3. He provides several DD Forms 214 and two letters from the Defense Finance and Accounting Service (DFAS).
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 (RA) on 22 August 1978. He served 3 years and was honorably transferred to the U.S. Army Reserve on
21 August 1981. On 25 May 1984, he enlisted into the Army National Guard and was honorably discharged for enlistment in the RA which occurred on 23 August 1996.
3. 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. Item 18 shows "DISABILITY SEVERANCE PAY - $42717.60."
4. In a letter from DFAS, undated, the Claims Examiner, Director of Debt and Claims Management, stated that after a review of the applicant's Master Military Pay Account (MMPA), the agency found a discrepancy in the amount of severance pay shown on his DD Form 214. 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.
5. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation states for a Soldier receiving separation/readjustment or non-disability severance pay (as indicated by the finance office), enter type of pay and amount in item 18.
DISCUSSION AND CONCLUSIONS:
The DFAS confirmed that the applicant's MMPA shows he received $21,358.80 for disability severance pay and that the amount of $42,717.60 shown on his DD Form 214 was incorrect. Therefore, he is entitled to correction of his DD Form 214 to show the correct amount of severance pay he received.
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 for the period ending on 14 July 1998 by:
* deleting "DISABILITY SEVERANCE PAY - $42717.60"
* adding "DISABILITY SEVERANCE PAY - $21,358.80"
_______ _ _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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