BOARD DATE: 1 July 2014
DOCKET NUMBER: AR20130019890
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was issued severance pay in the amount of $13,972.19 instead of $21,667.20.
2. The applicant states the amount of severance pay shown in item 18 (Remarks) of his DD Form 214 is wrong. This has caused the Department of Veterans Affairs (VA) to withhold the wrong amount for his compensation. The error was discovered when the VA withholding was made for more than his severance pay had been.
3. The applicant provides copies of his DD Form 214 and six bank account statements.
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 on 12 March 1992. He served as a track vehicle repairer.
3. His record is void of any Medical Evaluation Board or Physical Evaluation Board proceedings; however, it appears he was found unfit for further military service and recommended for separation with severance pay.
4. He was discharged on 27 April 1996 under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4, by reason of disability with entitlement to severance pay. His DD Form 214 shows in item 18 Disability Severance Pay -- $21,667.20.
5. He provided six bank account statements that show he received the following deposits from the Defense Finance and Accounting Service (DFAS) on:
* 1 February 1996 - $899.57
* 1 March 1996 - $895.14
* 1 April 1996 - $1,235.30
* 4 April 1996 - $131.92 (Direct Military Pay)
* 25 April 1996 - $11,837.30 (Direct Military Pay)
* 7 May 1996 - $243.71 (Direct Military Pay)
6. DFAS confirmed the applicant received disability severance pay in the "gross" amount of $13,542.00.
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.
DISCUSSION AND CONCLUSIONS:
1. 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 $13,542.00, not $21,667.20 as inadvertently shown on his DD Form 214. Therefore, his DD Form 214 should be corrected to show the amount of $13,542.00 in 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 "$21,667.20" and replacing it with the entry "$13,542.00."
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 showing he received $13,972.19 in disability 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.
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