Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130022274
Original file (20130022274.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  12 August 2014

		DOCKET NUMBER:  AR20130022274 


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 the correct amount of his severance pay was $74,483.76 vice $92,388.51.

2.  He states his leave and earnings statement (LES) shows his separation pay was $74,483.76 before taxes.

3.  He provides:

* DD Form 214
* Self-authored statement
* Fort Belvoir Transition Center Finance Worksheet for DD Form 214
* Separation Payment Computation
* Orders 353-4, dated 19 December 2011
* LES for the period 1 to 31 May 2012

CONSIDERATION OF EVIDENCE:

1.  After having prior enlisted service in the Army National Guard (ARNG), the applicant was commissioned as a second lieutenant in the ARNG on 21 August 1984.  He was ordered to active duty on 1 October 2003 and remained on active until he was honorably released on 31 May 2012. 

2.  Item 18 (Remarks) of his DD Form 214 shows "SEPARATION PAY - $92,388.51."  
3.  The Defense Finance and Accounting Service (DFAS) verified that the applicant received readjustment/separation pay in the amount of $74,483.76.

4.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing the DD Form 214.  It 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:

DFAS confirmed the applicant received $74,483.76 for readjustment/separation pay.  Therefore, he is entitled to correction of his DD Form 214 to show the correct amount of separation pay he received.

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 amending from the remarks section of his DD Form 214 by:

* deleting "SEPARATION PAY - $92,388.51"
* adding "SEPARATION PAY - $74,483.76"



      _______ _   _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)                                         AR20130022274





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130022274



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100026568

    Original file (20100026568.txt) Auto-classification: Approved

    He states he/his: * LES shows he received casual pay in the amount of $19,488.03 in section 8 (Other Collections) and disability severance pay in section 39 (Remarks) * did receive separation pay, but didn’t receive any disability severance pay * LES is in error * wouldn’t have taken the pay if he thought it would have jeopardized his retirement * commander, executive officer, and separation orders state that he was due separation pay * retired rank should show SFC/E-7 as his highest grade...

  • ARMY | BCMR | CY2010 | 20100023301

    Original file (20100023301.txt) Auto-classification: Approved

    His DD Form 214 issued at the time shows he was honorably discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, and Separation), paragraph 4-24e(3). 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...

  • ARMY | BCMR | CY2010 | 20100008766

    Original file (20100008766.txt) Auto-classification: Approved

    Block 18 (Remarks) of his DD Form 214 shows the entry "DISABILITY SEVERANCE PAY -- $43,588.80." Therefore, it would be appropriate to correct his DD Form 214 to show he only received disability severance pay in the amount of $29,059.20. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from block 18 of his DD Form 214 the entry "DISABILITY SEVERANCE PAY -- $43588.80" and replacing it with the entry "DISABILITY...

  • ARMY | BCMR | CY2007 | 20070014909

    Original file (20070014909.txt) Auto-classification: Approved

    The applicant requests correction of the amount of severance pay shown in item 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show $40,809.60. This message states, in pertinent part, that when a Soldier receives separation/readjustment/severance pay (disability or non-disability), the “Gross” (not NET) amount will be requested from Finance and the gross amount of the applicable pay will be entered in item 18 on the DD Form 214. As a result, the...

  • ARMY | BCMR | CY2014 | 20140003177

    Original file (20140003177.txt) Auto-classification: Approved

    The remarks block of the LES shows, in part: * she had an FSGLI debt balance of $792.00 * she had spouse SGLI coverage in the amount of $100,000.00 c. An SGLV Form 8286A signed by the applicant on 1 April 2008 also shows she declined FSGLI coverage for her spouse. The letter stated the debt was transferred to DFAS by her former National Guard unit, and DFAS was unable to reduce or cancel the debt until she provided a letter from her unit stating the debt was not her fault or an SGLI Form...

  • ARMY | BCMR | CY2012 | 20120011581

    Original file (20120011581.txt) Auto-classification: Approved

    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. The evidence further shows DFAS calculated payment and he received gross severance pay in the amount of "$9,869.40" on 30 June 2011. Based on the foregoing evidence, his DD Form...

  • ARMY | BCMR | CY2009 | 20090007031

    Original file (20090007031.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of Block 18 (Remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty), to show he received "$25,000.00" instead of "$34,304.40" in disability severance pay. Block 18 of this form shows the applicant was authorized severance pay in the amount of $34,304.40 7. Therefore, the applicant's DD Form 214 should be corrected to show the amount of $31,665.60 in severance pay.

  • ARMY | DRB | CY2005 | 20050009477

    Original file (20050009477.doc) Auto-classification: Approved

    David W. Tucker | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant's DD Form 214 shows he received separation pay in the amount of $7566.00. Army Regulation 635-5 (Separation Program Designator (SPD) codes) states separation code JFM will be given when an enlisted Soldier is involuntarily discharged due to disability, existed prior to service, Physical Evaluation Board (PEB), under the provisions of Army...

  • ARMY | BCMR | CY2014 | 20140011262

    Original file (20140011262.txt) Auto-classification: Approved

    DFAS advised that the applicant could apply to the Army Board for Correction of Military Records (ABCMR) for a decision regarding the entitlement to Full Separation Pay. In addition, the evidence of record shows that DFAS confirmed the applicant is not entitled to nor did he receive separation pay. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending the additional instructions of Headquarters, Joint Readiness...

  • ARMY | BCMR | CY2013 | 20130021673

    Original file (20130021673.txt) Auto-classification: Approved

    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. 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...