IN THE CASE OF
BOARD DATE: 30 September 2014
DOCKET NUMBER: AR20140001830
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, that the DD Form 215 (Correction to
DD Form 214), dated 9 July 2013 be voided.
2. The applicant states the DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 11 June 2013, is correct which makes the DD Form 215 incorrect.
3. The applicant provides:
* Orders 087-0003, dated 28 March 2013
* DD Form 214 , dated 11 June 2013 (two copies)
* Orders 189-002, dated 8 July 2013
* DD Form 215, dated 9 July 2013 (two copies)
* Orders 309-0001, dated 5 November 2013
CONSIDERATION OF EVIDENCE:
1. The applicant accepted an appointment as a Reserve commissioned officer on 29 May 2004 in the rank of second lieutenant (O-1) and entered active duty that date. She was promoted through the ranks to captain (O-3) on 1 July 2007.
2. On 28 March 2013, Orders 087-0003 were published reassigning the applicant to the U.S. Army transition point with a date of discharge of 11 June
2013. These orders state that she was authorized disability severance pay in pay grade O-4 (major).
3. On 11 June 2013, the applicant was honorably discharged with severance pay, due to physical disability. Her DD Form 214 shows she received $109,976.40 in severance pay, her rank as major, her pay grade as O-4, and her effective date of pay grade as 11 June 2013.
4. On 20 June 2013, Orders Number 171-003 were published promoting the applicant to major with an effective date and date of rank of 10 June 2013.
5. Orders Number 179-005 were published on 28 June 2013 rescinding Orders Number 171-003.
6. Orders 189-002 were published on 8 July 2013, amending Orders 087-0003 to show that she was authorized disability severance pay in pay grade O-3.
7. On 9 July 2013, the applicant was issued a DD Form 215 amending her
DD Form 214 to show she was discharged with disability severance pay in the amount of $101,352.60, in the rank of captain/O-3, with an effective date of pay grade of 1 July 2007.
8. On 5 November 2013, Orders 309-0001 were published amending Orders 087-0003 to identify her rank as major instead of captain.
9. Department of the Army Office of the Assistant Secretary Manpower and Reserve Affairs, Policy Memorandum "Subject: Grade of Officers when Retiring or Separating for Physical Disability" applies to commissioned and warrant officers of the Regular Army, Army Reserve, and Army National Guard/Army National Guard of the United States. This memorandum prescribes policy for determining, for the purposes of disability severance pay, the grade of officers separated because of physical disability pursuant to Section 1203 or 1206, Title 10, U.S. Code, who would have been promoted had it not been for the physical disability for which the officers were separated. It states for officers separated because of physical disability pursuant to Section 1203 or 1206, Title 10, U.S. Code, will have their disability severance pay calculated in the next higher grade if the requirements are satisfied, but they will not be promoted.
10. Army Regulation 635-5 (Separation Documents), then in effect, 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. The regulation stated the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active service. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. Her supporting evidence has been considered.
2. The available evidence shows the applicant was erroneously issued a
DD Form 215 to amend certain information shown on her DD Form 214, which includes her rank, effective date of pay grade, and the amount of severance pay she was authorized.
3. The applicant was promoted to the rank of major in Orders Number 171-003. However, on 28 June 2013, Orders Number 179-005 were published rescinding Orders Number 171-003. Her DD Form 214 should be amended to show her correct rank, pay grade, and effective date of pay grade as a captain.
4. In accordance with the Office of the Assistance Secretary Manpower and Reserve Affairs Policy Memorandum, the applicant's severance pay was to be calculated at the next higher grade because she satisfied the necessary requirements.
5. She was also issued Orders 189-0002 and Orders 309-0001 to amend the rank and pay grade shown in Orders 087-0003. The DD Form 215, Orders
189-0002, and Orders 309-0001 should all be voided and she should be issued a new DD Form 215 showing her rank as captain, her pay grade as O-3, and her effective date of pay grade as 1 July 2007.
BOARD VOTE:
___X____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ 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:
a. Voiding the DD Form 215, dated 9 July 2013; Orders 189-0002, dated 8 July 2013; and Orders 309-0001, dated 5 November 2013; and
b. Issuing her a new DD Form 215 showing her rank as captain, her pay grade as O-3, and her effective date of pay grade as 1 July 2007.
2. The Board further determined that the evidence presented is 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 correcting her records to show she was promoted to the rank of major prior to her discharge.
_______ _ 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) AR20140001830
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ABCMR Record of Proceedings (cont) AR20140001830
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