IN THE CASE OF
BOARD DATE: 10 June 2014
DOCKET NUMBER: AR20140000629
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 his records to show he served an additional 7 years, that he is entitled to additional severance pay, and pay for accrued leave that he is due.
2. The applicant states, in effect, that he was only paid for 12 years of service instead of 19 years of service and he was informed by Defense Finance and Accounting Service (DFAS) officials that he needed to have a new DA Form 1506 (Statement of Service) prepared in order to receive the additional pay. He also states that his severance pay was taxed and he did not get paid for 49 days of accrued leave. He has been informed that this Board is the only authority that can correct these errors.
3. The applicant provides a three-page letter explaining his application, a two-page letter explaining his application, copies of his DD Forms 214 (Certificate of Release or Discharge from Active Duty), discharge orders, email written to and received from DFAS, and enlistment documents.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Alabama Army National Guard (ALARNG) on 5 October 1989. He completed his training and continued to serve through a series of continuous reenlistments and was promoted to pay grade E-5 on
16 June 2001.
2. The applicants records show that he extended his enlistment on
10 September 2000 for a period of 3 years, on 19 September 2004 for a period of 1 year, and on 15 August 2005 for a period of 6 years.
3. On 15 February 2007, he enlisted in the Regular Army in pay grade E-5 for a period of 3 years and 2 months.
4. On 29 March 2012, he was honorably discharged under the provisions of Army Regulation 635-40, chapter 4, due to disability with severance pay (non-combat) enhanced, in pay grade E-5. He was paid disability severance pay for 12 years and 3 months of service as computed under Title 10, U.S. Code, section 1206.
5. The email provided by the applicant from DFAS officials dated 27 November 2013 informed the applicant that he did not have 49 days of accrued leave and that he took his accrued leave as terminal leave. He was paid his normal pay entitlements during that period. The applicant was also informed that he was paid severance pay for 12 years of service and that the check had not been returned. Additionally, his severance pay was properly taxed as he was not injured in combat.
6. In the processing of this case a staff advisory opinion was obtained from the U.S. Army Human Resources Command (HRC) who opines that after reviewing and performing mathematical calculations, the applicant was properly paid for
12 years and 3 months of service. HRC officials opine that administrative relief is not appropriate in the applicants case.
7. The advisory opinion was provided to the applicant for comment and he responded to the effect that he disagreed with the opinion as he was only paid for 12 years of service and did not receive pay for the additional 3 months and
5 days of service. Additionally, he is owed $9,038.70 and back pay for 2 years. He goes on to state that his Form W-2 (Wage and Tax Statement) indicates he was paid $109,205.41 which he did not receive and he is due a total of $45,934.51 in back pay and allowances. He also provided a copy of his 2012 Form W-2 which shows that he earned $81,348.30.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his service was not properly computed and that he has not been properly compensated for his service has been noted and appears to lack merit.
2. Officials at both HRC and DFAS have reviewed the circumstances of his case and both agencies agree that he has been properly paid for 12 years of service and that he is not entitled to pay for 19 years of service.
3. While it is possible that a mistake in payments may have occurred, without copies of all of the applicants pay documents to include his Leave and Earnings Statements, leave forms, etc., from the date of his discharge, the Board cannot determine if such a mistake was in fact made. Accordingly, the Board must rely on the information provided by DFAS regarding his pay.
4. In regard to his service computation, the subject matter experts at HRC have reviewed his service records and re-calculated his service only to find that the calculations were correct to begin with and that he was properly compensated for 12 years and 3 months of service.
5. Therefore, absent sufficient evidence to show the service computations were incorrect and that the applicant has not been properly compensated for his service, there appears to be no basis to grant his request for additional service credit and compensation.
6. In regard to the applicants contention that DFAS documents indicate he was paid more than he actually received, the applicant must contact the servicing DFAS to obtain an explanation for his question in that matter.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
__________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) AR20140000629
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ABCMR Record of Proceedings (cont) AR20140000629
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