IN THE CASE OF: 

		BOARD DATE:	    8 May 2014

		DOCKET NUMBER:  AR20130015155 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her deployment to Iraq and the correct amount of her disability severance pay was $19,359.00 vice $9,094.80.

2.  She states item 18 (Remarks) of her DD Form 214 should state that she served in Iraq from 2 November 2005 to 1 January 2006.  She also states there is a disparity in the amount of severance pay listed on her DD Form 214 WS (Worksheet) and her final DD Form 214.

3.  She provides her DD Form 214, DD Form 214 WS, and medical record documents.

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 9 March 2004.  She served 2 years, 1 month, and 26 days on active duty and 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.

3.  Her DD Form 214 shows in:

* Item 12f (Foreign Service) the entry "0000  00  00," indicating no foreign service during this period
* Item 13 the:

* National Defense Service Medal 
* Global War on Terrorism Service Medal
* Army Service Ribbon

* Item 18 "DISABILITY SEVERANCE PAY - $9,094.80."  There is no entry concerning her deployment

4.  The applicant provided a DD Form 214 WS that shows she received disability severance pay in the amount of $19,359.00.  It also shows she served in Iraq from 2 November 2005 to 1 January 2006.

5.  Other than the DD Form 214 WS, her record is void of any evidence that shows she served in Iraq. 

6.  The Defense Finance and Accounting Service (DFAS) verified that the applicant's Master Military Pay Account (MMPA) shows she received disability severance pay in the amount of $6,992.40 (gross).  However, there is no record of her receiving hostile fire pay/imminent danger pay and/or combat zone tax exemption.

7.  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.  Paragraph 2-4, in pertinent part, requires the preparer to enter the total amount of foreign service completed from the Enlisted Record Brief during the period covered in item 12f.  Additionally, the regulation states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
8.  The same 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:

1.  The applicant's DD Form 214 WS shows she received disability severance pay in the amount of $19,359.00 and served in Iraq from 2 November 2005 to 
1 January 2006.  However, there is no evidence and the applicant did not provide any to support these entries.  Further, the DD Form 214 WS is merely a working copy of the DD Form 214 until it becomes final and a part of her official records.  Therefore, the fact that the worksheet differs from the DD Form 214 is not sufficient justification to correct this form.

2.  DFAS confirmed that the applicant's MMPA shows she received $6,992.40 (gross) for disability severance pay.  Therefore, she is entitled to correction of her
DD Form 214 to show the correct amount of severance pay she received.

3.  There is no evidence and she has not provided any to show she was assigned or deployed to Iraq.  Therefore, in the absence of documentation verifying her assignment/deployment in Iraq, there is insufficient evidence to add this information to her DD Form 214. 

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 "DISABILITY SEVERANCE PAY - $9,094.80"
* adding "DISABILITY SEVERANCE PAY - $6,992.40"

2.  The Board further determined that the evidence presented is 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 listing disability severance pay in the amount of $19,359.00 and an Iraq deployment.



      __________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)                                         AR20130015155



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ABCMR Record of Proceedings (cont)                                         AR20130015155



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