IN THE CASE OF:
BOARD DATE: 14 November 2013
DOCKET NUMBER: AR20130006339
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, in effect, correction to item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show disability severance pay of $16,200.00 instead of $11,694.60.
2. The applicant states, in effect, the Deputy Director, Operations, Defense Finance and Accounting Service (DFAS) recommended correction of his DD Form 214.
3. The applicant provides:
* DD Form 214
* a letter and spreadsheet from the Deputy Director, Operations, DFAS
* a self-authored statement
* Congressional correspondence
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 25 February 2005. He completed training and was awarded military occupational specialty 11B (Infantryman). Evidence shows he subsequently served in Iraq for the period 27 November 2005 through 10 November 2006.
2. On 16 January 2009, he was honorably discharged in the rank/grade of specialist (SPC)/E-4. He served 3 years, 10 months, and 22 days of net active service during this period with no time lost. Item 18 of the DD Form 214 he was issued at the time contains the entry, "DISABILITY SEVERANCE PAY -- $11,694.60." This form further shows the applicant was discharged under the provisions of chapter 4 of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) due to disability with severance pay, non-combat related.
3. On 7 February 2013, in response to an inquiry from a U.S. Senator on the applicant's behalf, the Deputy Director, Operations, DFAS stated:
a. The applicant received severance pay in the amount of $16,200.00. The amount was based on his basic pay as a SPC/E-4 with 3 years, 10 months, and 22 days of service. The time in service is rounded up to 4 years ($2,025.00 x 2 x 4 years). They collected $4,050.00 in Federal Income Tax Withholding and $1,198.80 in State Income Tax Withholding. On 22 January 2009, a net payment in the amount of $10,951.20 was sent via Electronic Funds Transfer to his account at Washington Mutual Bank. The amount $11,597.77 shown in his bank statement includes his severance pay and basic pay and allowances (less tax) from the period 1 through 16 January 2009.
b. The Department of Veterans Affairs (VA) reserves the right to collect either the gross or the net amount of severance pay received by the service member. The VA is collecting $12,150.00 since they based their calculations on 3 years instead of 4 years. This amount is incorrect as he received $16,200.00 of military severance pay.
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. The correct amount is $16,200.00. 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.
4. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. 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 pay in the amount of $16,200.00.
2. In view of the foregoing, it would be appropriate to correct his DD Form 214 to show disability severance pay in the amount of $16,200.00.
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:
a. deleting from item 18 of his DD Form 214 the entry, "//DISABILITY SEVERANCE PAY -- $11694.60//"; and
b. adding to item 18 of his DD Form 214 the entry, "//DISABILITY SEVERANCE PAY -- $16,200.00//."
_______ _ 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) AR20130006339
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ABCMR Record of Proceedings (cont) AR20130006339
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