IN THE CASE OF:
BOARD DATE: 9 SEPTEMBER 2014
DOCKET NUMBER: AR20130021673
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 of the amount of separation pay entered in block 18 (Remarks) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 January 2012.
2. She states block 18 shows she received $88,773.75 in separation pay, but the Defense Finance and Accounting Service (DFAS) has stated her separation pay is $49,491.78.
3. She provides a letter from DFAS.
CONSIDERATION OF EVIDENCE:
1. On 19 March 1996, the applicant enlisted in the Regular Army. On 18 October 2000, she was released from active duty after completing 4 years and 7 months of net active service this period.
2. She served as an enlisted member of the Nevada Army National Guard (NVARNG) from 19 October 2000 to 5 January 2004. She was discharged from the NVARNG by reason of enlistment into a U.S. Army Reserve (USAR) Troop Program Unit.
3. As an enlisted member of the USAR, she entered active duty on 10 May 2006. On 15 June 2006, she was discharged to accept appointment as a warrant officer after completing 1 month and 6 days of net active service this period.
4. On 24 September 2007, she entered active duty as a USAR warrant officer.
5. Effective 16 June 2008, she was promoted to chief warrant officer two (CW2)/pay grade W-2.
6. On 14 July 2011, she requested involuntary release from active duty due to force structure changes. Her request was approved.
7. On 11 October 2011, the U.S. Army Human Resources Command issued Orders C-09-190861A01 showing she was entitled to full separation pay.
8. On 14 January 2012, she was honorably released from active duty as a CW2 and transferred to the USAR Control Group (Reinforcement) after completing 4 years, 3 months, and 21 days of net active service this period and with 4 years, 8 months, and 6 days of total prior active service. The DD Form 214 issued at that time shows in:
* item 18, in part "SEPARATION PAY $88773.75"
* item 26 (Separation Code) "LBK"
9. She provides a letter from DFAS, dated 22 May 2012, showing, in part, that she had inquired about separation pay she had not received. DFAS informed her that based on her separation code of "LBK" she was entitled to full separation pay in the gross amount of $49,491.78. DFAS stated her separation pay would be based on 10 percent (%) of her monthly base pay rate of $4,625.40 multiplied by 107 months (her total active service).
10. The military pay table effective 1 January 2012 shows that the monthly basic pay rate for a CW2 with over 14 years of service was $4,625.40.
11. Department of Defense Instruction (DODI) 1332.29, subject: Eligibility of Regular and Reserve Personnel for Separation Pay, states that separation pay for Service members eligible for full payment shall be computed at 10% of 12 times the amount of monthly basic pay to which entitled at the time of separation from active duty times the number of years and fractions of a year of active service when separated. Qualifying years do not have to be continuous; however, the last phase of the qualifying term must end immediately before the separation from active duty occurs. Each full month of military service that is in addition to the number of full years of active service is counted as one-twelfth of a year. Any remaining fractional part of a month is disregarded.
12. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. For item 18 it stated for a Soldier receiving separation/readjustment or non-disability severance pay (as indicated by the finance office) enter the type of pay and the amount.
DISCUSSION AND CONCLUSIONS:
1. A review of the applicant's service history and DODI 1332.29 supports DFAS's determination that she was entitled to separation pay in the amount of $49,491.78 when she was involuntarily released from active duty in January 2012.
2. The amount of separation pay entered on her DD Form 214 for the period ending 14 January 2012 is an error. It would be appropriate to correct this DD Form 214 to show she received $49,491.78 in separation 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 correcting her DD Form 214 for the period ending 14 January 2012 as follows:
* delete from item 18 "SEPARATION PAY -- $88773.75"
* add to item 18 "SEPARATION PAY -- $49,491.78"
_______ _ 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) AR20130021673
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130021673
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120022462
Overall, several errors were committed in relation to her pay in December 1998 and then her retirement formula, computation of her retired pay, the length of time she was placed on the TDRL, and the more recent debt that occurred as a result of an audit of her pay records by DFAS. The applicant provides: * Self-authored breakdown of each LES * Listing of what appears to be her credit report * Divorce decree * Audit Request Form * Letter, dated 3 August 2009, from DFAS * Letter, dated 22...
ARMY | BCMR | CY2009 | 20090011776
She was released from active duty on 23 January 2009 after 2 years, 8 months and 19 days and issued a DD Form 214. It is this DD Form 214 the applicant is asking to be corrected. The evidence confirms the applicant served on active duty between 5 May 2006 and 23 January 2009, a period of 2 years, 8 months, and 19 days.
ARMY | BCMR | CY2014 | 20140011795
Application for correction of military records (with supporting documents provided, if any). The applicant provides: * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 23 July 2008 * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 4 February 2009 * Orders Number 034-01, issued by the Northeastern Pennsylvania Army ROTC, University of Scranton on 4 February 2009 * Cadet Command (CC) Form 203-R (Guaranteed Reserve Forces Duty (GRFD)...
ARMY | BCMR | CY2011 | 20110015049
Application for correction of military records (with supporting documents provided, if any). The applicant provides: * Congressional correspondence * A copy of her discharge order * Various letters from the DFAS office * Two letters CONSIDERATION OF EVIDENCE: 1. She also provided a letter from the DFAS office, addressed to her Member in Congress on 20 June 2011, which shows the following: * The applicant had an indebtedness to the Department of Defense (DOD) in the original amount of...
ARMY | BCMR | CY2008 | 20080008105
The applicant requests payment of her Selected Reenlistment Bonus (SRB). However, there is no evidence that the applicant's reenlistment contract was voided and, as noted above, she continued to serve in AGR until she was notified of medical disqualification. Although, HRC- St. Louis erroneously gave her a Selective Service Reenlistment Bonus Control Number when her primary MOS was not an authorized specialty for entitlement to the bonus, she had the opportunity to exercise the option to...
ARMY | BCMR | CY2010 | 20100025664
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * the correct amount of her separation pay * the correct dates of active duty service 2. The applicant states: * item 18 (Remarks) of her DD Form 214 shows she received $20,191.50 in separation pay but she actually received $9,572.72 * her DD Form 214 shows she entered active duty on 10 August 1997 and she was honorably released from active duty on 18 February 2010 * she was...
ARMY | BCMR | CY2008 | 20080003721
The applicant requests, in effect, correction of Item 18 (Remarks) on her DD Form 214 (Certificate of Release or Discharge from Active Duty), to show she received $61,956.57 instead of $85,791.43 in Special Separation Benefit (SSB) pay. If a member who has received an SSB payment becomes eligible for retired pay, recoup from the member the gross amount of SSB received, as shown on the members DD Form 214 [emphasis added]. The applicant wants the amount of the SSB payment on her DD...
ARMY | BCMR | CY2011 | 20110023938
Upon the applicant's retirement, his retired pay multiplier was incorrect. When the FLARNG reviewed his records and DFAS audited his retired pay records, it was determined that the error was not due to the applicant's fault and, as such, his multiplier was corrected based on completion of 24 years, 4 months, and 7 days. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * showing the applicant timely filed a claim with...
ARMY | BCMR | CY2013 | 20130008965
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her completion of sea service. The applicant's DA Form 3068-1 provides the following information: * service on the operational Military Sealift Command (MSC) ocean-going vessel USNS Mercy * days underway 143 * active duty days under mobilization 160 * total days of sea service 143 * date assigned 24 April 2012 * date departed 15 September 2012 * reason for leaving...
ARMY | BCMR | CY2013 | 20130020880
The applicant provides the following additional documents in support of her request: a. medical consults for urology, psychology, psychiatry, podiatry, and dermatology, dated 24 September 2010; b. WAMC memorandum, dated 23 November 2010, that authorized the applicant 10 days convalescent leave; c. Health Net Federal Services letter, dated 27 July 2011, that authorized the applicant surgical care from 19 July 2011 to 21 November 2011 for follow-up visits for Solitary Cyst of Breast and...