IN THE CASE OF:
BOARD DATE: 9 April 2015
DOCKET NUMBER: AR20140013918
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 record to remove the entries "SEPARATION PAY -- $15,950.93" and "MEMBER IS ENTITLED TO HALF INVOLUNTARY SEPARATION PAY" from item 18 (Remarks) his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that:
* 2 days prior to his discharge he was told he would not be receiving separation pay due to the reason for his discharge
* he had already received his DD Form 214
* he immediately called the person who issued him his DD Form 214 and was assured the problem would be corrected
* even after multiple calls, his DD Form 214 was not corrected and no resolution was made
* he needs his DD Form 214 corrected so he can continue with his claim with the Department of Veterans Affairs
3. The applicant provides:
* a DD Form 214
* two orders
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 7 June 2001 and served in a variety of assignments through a series of reenlistments. He attained the rank/pay grade of specialist/E-4.
2. The applicant submitted Orders Number 251-0001, dated 7 September 2012, which show, in pertinent part, that he was entitled to one-half separation pay in accordance with (IAW) Title 10, U.S. Code (USC), section 1174.
3. On 26 September 2012, the applicant was discharged honorably after serving for 11 years, 3 months, and 20 days of active duty service. His DD Form 214 shows he was discharged under the provisions of paragraph 13-2e of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) by reason of physical standards. Item 18 of his DD Form 214 contains the entries "SEPARATION PAY -- $15,950.93" and "MEMBER IS ENTITLED TO HALF INVOLUNTARY SEPARATION PAY."
4. In the processing of this case, an advisory opinion, dated 8 September 2014, was obtained from the Chief, Compensation and Entitlements Division, dated 20 November 2012. The advisory official determined that the applicant was not entitled to separation pay in accordance with Title 10, USC and Department of Defense Instruction 1332.29 and directed that his DD Form 214 be corrected to delete to the erroneous entry regarding separation pay.
5. The advisory official enclosed Orders Number 251-0001, dated 8 September 2014, which amended Orders Number 251-0001, dated 8 September 2012, to read: "SOLDIER IS NOT ENTITLED TO SEPARATION PAY."
6. On 8 September 2014, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond.
7. The applicant's record contains a DD Form 215 (Correction to DD Form 214) dated 25 September 2014, which shows that item 18 of his DD Form 214 was corrected to:
a. delete the entry, "SOLDIER IS ENTITLED TO ONE-HALF SEPARATION PAY"; and
b. add the entry, "MEMBER IS NOT ENTITLED TO INVOLUNTARY SEPARATION PAY."
8. Army Regulation 635-5 (Separation Documents) at the time establishe the standardized policy for preparing and distributing the DD Form 214. Item 18 is used for Department of the Army mandatory requirements when a separate block is not available. For a Soldier receiving severance, readjustment, or non-disability severance pay (as indicated by the finance office), enter type of pay and amount. This guidance was later clarified to ensure transition points were entering the gross amount of severance pay.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the entry "SEPARATION PAY -- $15,950.93" should be removed from his DD Form 214 was carefully considered and found to have merit.
2. The applicant's record was corrected to show he was not entitled to separation pay. Therefore, item 18 of his DD Form 214 should be corrected to delete the entry "SEPARATION PAY -- $15,950.93."
3. Evidence of record shows corrective action has already been taken as shown by the issuance of a DD Form 215 that shows item 18 of his DD Form 214 was corrected to remove the entry "SOLDIER IS ENTITLED TO ONE-HALF SEPARATION PAY" and add the entry "MEMBER IS NOT ENTITLED TO INVOLUNTARY SEPARATION PAY." Therefore, there is no need for further correction action of the applicant's DD Form 214 as it pertains to this entry.
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
deleting from Item 18 of his DD Form 214 the entry "SEPARATION PAY --$15,950.93."
____________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) AR20140013918
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150003229
The applicant requests the statement, "SEPARATION PAY - - $10,814.85" be removed from his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 12 February 2014. There is no evidence of record showing he received separation pay at the time of discharge on 12 February 2014. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending U.S. IMC, HQ, U.S. Army Garrison Orders 338-0324,...
ARMY | BCMR | CY2014 | 20140011262
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 | 20130015565
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of the following items of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 2 October 2007: * Item 12a (Date Entered AD [active duty] This Period) * Item 12c (Net Active Service This Period) * Item 12f (Foreign Service) 2. The DD Form 214 lists in: * Item 12a 2007-07-17 * Item 12b (Separation Date This Period) 2007-10-02 * Item...
ARMY | BCMR | CY2011 | 20110006716
The applicant requests the DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 5 January 2011, be removed from his official military personnel file (OMPF). The applicant provides: * DD Form 214 * DD Form 215 CONSIDERATION OF EVIDENCE: 1. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by voiding and removing the DD Form 215, dated 5 January 2011, from his OMPF.
ARMY | BCMR | CY2010 | 20100024156
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 12 December 2005 to show his correct prior service. His DD Form 214 for this period shows he completed 4 months of creditable active service. He was ordered to active duty in support of OIF on 28 June 2004 and he was honorably released from active duty on 12 December 2005 having completed 1 year, 5 months, and 15 days of net active service this period.
ARMY | BCMR | CY2014 | 20140013077
ARMY | BCMR | CY2011 | 20110019353
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in support of Operation Iraqi Freedom (OIF) from 6 May to 28 August 2009. It states for: * block 12f enter the total amount of foreign service completed during the period covered by the DD Form 214 * block 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country...
ARMY | BCMR | CY2014 | 20140021118
The applicant requests separation pay. The applicant states: a. Item (b) states the applicant is entitled to full separation pay per Title 10, U.S. Code (USC), 1174. e. DD Form 214, dated 20 February 2014, which shows the applicant was honorably released from active duty on 31 December 2013, following 17 years, 8 months, and 3 days of total active service and 13 years, 3 months and 14 days of prior inactive service.
ARMY | BCMR | CY2014 | 20140016321
The applicant requests payment of separation pay (half) in the amount of $48,075.12 if he was entitled to it or deletion of this amount from his DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant's military records show he enlisted in the Regular Army (RA) on 5 July 1990. Section 1174(d) - the amount of separation pay which may be paid to a member under this section is: (1) 10 percent of the product of his/her years of active service, and (2) 12 times the...
ARMY | BCMR | CY2003 | 2003086554C070212
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to indicate that he declined involuntary separation pay. Block 18 on the applicant's DD Form 214 shows the entries: "SEPARATION PAY - -$24986.88" and "MEMBER IS ENTITLED TO HALF INVOLUNTARY SEPARATION PAY." There is no evidence of record which shows the applicant received half involuntary separation pay in the amount of $24,986.88.