IN THE CASE OF:
BOARD DATE: 25 June 2014
DOCKET NUMBER: AR20130017884
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 entry in item 18 (Remarks) of his
DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he received "$8,082.00" instead of "$16,164.00" in disability severance pay.
2. The applicant states the amount of severance pay he received is incorrectly listed in item 18 of his DD Form 214. The incorrect amount affects his entitlements to benefits from the Department of Veterans Affairs.
3. The applicant provides:
* DD Form 214
* Copy of a U.S. Treasury check
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 applicants records show he enlisted in the Regular Army on 28 May 2008. He did not complete advanced individual training and he was never awarded a military occupational specialty.
3. On 30 October 2008, an informal physical evaluation board (PEB) considered his medical conditions (elbow and wrist) and found them unfitting. The PEB gave him a 20 percent disability rating and recommended that he be separated with entitlement to severance pay. He concurred.
4. On 21 November 2008, the applicant was discharged in accordance with Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4, by reason of physical disability with entitlement to severance pay, non-combat related. His DD Form 214 shows in item 18 Disability Severance Pay -- $16,164.00.
5. He provides a U.S. Treasury check, issued to him on 2 February 2009 in the amount of $4,480.35.
6. An email, dated 5 November 2013, from the Defense Finance and Accounting Service (DFAS), Indianapolis, IN confirms he received disability severance pay in the "gross" amount of $8,082.00.
7. 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.
8. 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:
The evidence of record shows the applicant was discharged by reason of physical disability with entitlement to severance pay. DFAS verified he received gross severance pay in the amount of $8,082.00, not $16,164.00 as inadvertently shown on his DD Form 214. Therefore, his DD Form 214 should be corrected to show the amount of $8,082.00 in severance pay.
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 deleting from Item 18 of his DD Form 214 the entry "$16,164.00" and replacing it with the entry "$8,082.00."
_______ _ _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) AR20130017884
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130017884
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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