Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140009869
Original file (20140009869.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  15 January 2015

		DOCKET NUMBER:  AR20140009869 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the amount of severance pay she received was $14,926.80 instead of $41,926.80.

2.  The applicant states her DD Form 214 incorrectly lists the amount of severance pay she received and her DD Form 214 has been entered into the Department of Veterans Affairs system.

3.  The applicant provides:

* Internal Revenue Service Form W-2c (Corrected Wage and Tax Statement)
* DD Form 214
* Headquarters, 101st Airborne Division, Orders 278-0709, dated 5 October 2005
* Headquarters, 101st Airborne Division, Orders 279-0701, dated 6 October 2005
* Enlisted Record Brief (ERB)

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 23 July 2004.

3.  On 31 March 2005, the applicant was issued a DA Form 3349 (Physical Profile) for chronic left patellar subluxation and bilateral chronic hip pain.  

4.  Her DA Form 3947 (Medical Evaluation Board (MEB) Proceedings), dated 19 August 2005, shows she was diagnosed with the following conditions and referred to a PEB:

* constant left chronic subluxating patella that interfered with duty
* constant bilateral hip pain that interfered with duty

5.  Her DA Form 199 (PEB Proceedings), dated 29 August 2005, shows she was diagnosed with chronic pain due to subluxing patella and bilateral hip pain and found physically unfit.  She was assigned a 10-percent disability rating for her condition and recommended for separation with severance pay.

6.  Headquarters, 101st Airborne Division, Orders 279-0701, dated 6 October 2005, amended Headquarters, 101st Airborne Division, Orders 278-0709, dated 5 October 2005, to read:  "YOU ARE AUTHORIZED DISABILITY SEVERANCE PAY IN PAY GRADE E4 BASED ON 3 YEARS, 6 MONTHS, 12 DAYS OF SERVICE AS COMPUTED UNDER SECTION 1208, SECTION 10, UNITED STATES CODE."

7.  On 15 December 2005, the applicant was honorably discharged by reason of disability with severance pay.  Item 18 (Remarks) of her DD Form 214 shows she was authorized severance pay in the amount of $41,296.80.

8.  Her Master Military Pay Account (MMPA) maintained by the Defense Finance and Accounting Service (DFAS) shows she received $14,296.80 in disability severance pay.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated to enter the type of pay and amount, as indicated by the finance office, for a Soldier receiving separation/readjustment or non-disability severance pay in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 reflects that her disability severance pay amount was $41,296.80.  However, her MMPA history from DFAS verifies that she was awarded $14,296.80 in disability severance pay.

2.  It appears that an administrative error occurred when the amount of disability severance pay was entered on her DD Form 214.  Therefore, it would be appropriate to amend item 18 on her DD Form 214 to show her disability severance pay amount as $14,296.80.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 item 18 of her DD Form 214 to show the entry "DISABILITY SEVERANCE PAY--$14,296.80."



      ______________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)                                         AR20140009869



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140009869



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • AF | PDBR | CY2013 | PD 2013 01065

    Original file (PD 2013 01065.rtf) Auto-classification: Approved

    RATING COMPARISON : Service IPEB – Dated 20040505VA - (~ 4.5 Mos Pre-Separation)ConditionCodeRatingConditionCodeRatingExam Chronic Bilateral Knee Pain5099-500310%Degenerative Joint Disease Left Knee501010%20040415Degenerative Joint Disease Right Knee501010%20040415Residual Scarring Left Knee Surgeries780410%20040415No Additional MEB/PEB EntriesOther x 520040415 Combined: 10%Combined: 80% *Derived from VA Rating Decision (VARD) dated 20040910 (most proximate to date of separation (DOS))...

  • AF | PDBR | CY2012 | PD2012-00179

    Original file (PD2012-00179.docx) Auto-classification: Approved

    The PEB adjudicated the left hip condition and bilateral knee condition, bundling them together, and the chronic posttraumatic migraine headaches condition as unfitting, rated 10% and 10% respectively, with application of the US Army Physical Disability Agency (USAPDA) pain policy. Therefore the Board agreed based on the time of separation the 8100 code could not be considered for a higher rating. In the matter of the left hip and bilateral knee condition, the Board unanimously recommends...

  • AF | PDBR | CY2011 | PD2011-00614

    Original file (PD2011-00614.docx) Auto-classification: Approved

    Shoulders (Left and Right) Condition . In the matter of the “pain left elbow, left wrist, shoulders (bilateral), and left knee; (sleep disruption)” condition, the Board unanimously recommends that the left wrist condition and sleep disorder be determined as not unfitting, and that it be rated for multiple separate unfitting conditions as follows: left elbow condition coded 8616, rated 10% IAW VASRD §4.124a and VASRD §4.71a. Right Shoulder (Major) Pain with Recurrent...

  • AF | PDBR | CY2012 | PD2012-00394

    Original file (PD2012-00394.pdf) Auto-classification: Denied

    Knee ROM Flexion (140⁰ Normal) Extension (0⁰ Normal) Comment PT ~7 Mo. Symptoms included ankle popping (predominately right); shin pain knees pop and can swell; with “knees and ankles are stiff and weak and his legs can give out.” The examiner stated “He has generalized and multiple symptoms regarding the lower extremities and it is difficult to sort them out specifically on taking the history.” The examiner indicated there was no foot condition; there was bilateral shin pain and right...

  • AF | PDBR | CY2014 | PD 2014 00013

    Original file (PD 2014 00013.rtf) Auto-classification: Denied

    RECORD OF PROCEEDINGSPHYSICAL DISABILITY BOARD OF REVIEWNAME: XXXXXXXXXXXXXX CASE: PD-2014-00013BRANCH OF SERVICE: AIR FORCEBOARD DATE: 20140527 Bilateral Knee Pain w/Patellofemoral Chondromalacia s/p Bilateral Patellar Chondroplasty . Despite medications, her knee pain continued and she had an injection of the right knee on 23 October 2003.

  • AF | PDBR | CY2014 | PD-2014-00721

    Original file (PD-2014-00721.rtf) Auto-classification: Approved

    The examiner’s diagnoses were due to shrapnel blast injuries: permanent sciatic nerve damage left leg (peroneal and tibial nerves) with right foot and ankle complete weakness; shrapnel injuries to bilateral knees; right ankle anterior tibialis tendon subluxation and ankle instability; and, shrapnel wounds to both lower extremities. The VA rated the left sciatic neuropathy together with “ left knee pain from shrapnel” and “left ankle pain from shrapnel/tendon sublux” with code 8520 at 60%...

  • AF | PDBR | CY2013 | PD-2013-02128

    Original file (PD-2013-02128.rtf) Auto-classification: Denied

    On exam there was TTP of the neck with negative testing for nervecompression (Spurling’s), with normal ROM and normal bilateral UE examination.At the MEB examination on 21 October 2004, 6 months prior to separation, the CI reported chronic neck pain without radicular symptoms. The NARSUM notes the CI had a history of hip pain (trochanteric bursitis), with normal bilateral hip X-rays.Notes in the STR indicated that in April 2000 the CI reported 5 weeks of right hip pain. At the MEB...

  • ARMY | BCMR | CY2008 | 20080003041

    Original file (20080003041.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 26 FEBRUARY 2009 DOCKET NUMBER: AR20080003041 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests in effect, correction of his records to show he was not erroneously promoted to the rank of sergeant major and to retire as a sergeant major. The applicant provides in support of his application 32 pages of documents which contain his Enlisted Record Brief (ERB), Order Number 349-301 (promotion orders), Leave and Earnings Statement, DA Form 3349...

  • AF | PDBR | CY2012 | PD-2012-01921

    Original file (PD-2012-01921.rtf) Auto-classification: Denied

    The MEB also identified and forwarded history of cellulitis, left knee, chronic bilateral hip pain secondary to bilateral iliotibial band friction syndrome, chronic mechanical low back pain, mild (less than a centimeter) left shorter than right limb length discrepancy, and mild bilateral pes planus conditions.The PEBadjudicated “left patellofemoral pain with secondary chronic left knee pain” as unfitting, rated 10%, with likely application of the Veterans Affairs Schedule for Rating...

  • ARMY | BCMR | CY2011 | 20110003526

    Original file (20110003526.txt) Auto-classification: Approved

    The DVA rating decision provides the following information: a. she was afforded a 20 percent rating for chronic lumbar strain and noncompensable (zero percent) ratings for bilateral chrondromalacia and bilateral shin splints; b. she received a 50 percent disability rating for PTSD, effective 12 May 2005, with a subsequent reduction to 10 percent, effective 17 August 2005; c. the stated reason for the PTSD diagnosis was that her service medical records showed treatment for PTSD due to sexual...