Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140014877
Original file (20140014877.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  14 May 2015

		DOCKET NUMBER:  AR20140014877 


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) by deleting from item 18 (Remarks) the entry "Separation Pay -- $17,709.30."

2.  He states that he declined separation pay and did not receive any separation pay upon his discharge from the Army.

3.  He provides his DD Form 214, discharge orders, final pay worksheet, and installation clearance record.

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.  On 21 May 2003, the applicant enlisted in the Regular Army (RA).

3.  Headquarters, 1st Infantry Division, Fort Riley, Orders 321-0018, dated
17 November 2009, reassigned the applicant to the Fort Riley Transition Center, for separation processing and discharge on 28 November 2009.  The additional instructions read:  "Soldier is entitled to half separation pay IAW [in accordance with] 10 USC 1174."

4.  His DD Form 214 shows he was honorably discharged on 28 November 2009 for the reason of completion of required active service.  He had completed 
10 years, 6 months, and 8 days of total active service.

5.  It also shows in item 18 (Remarks), in part:  "SEPARATION PAY - - $17,709.30."

6.  An email, dated 18 September 2014, from the Defense Finance and Accounting Service (DFAS) confirmed the applicant did not receive separation pay. 

7.  Army Regulation 635-5 (Separation Documents), as then in effect, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contained item-by-item instructions for completing the DD Form 214.  It showed for item 18, a Soldier receiving separation/readjustment or non-disability severance pay (as indicated by the finance office), to enter the type of pay and amount.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected by deleting from item 18 the entry "Separation Pay - - $17,709.30."

2.  The evidence of record shows the applicant was honorably discharged from the RA based on completion of required service.  His separation orders authorized him to receive to half separation pay of no specified amount.  However, there is no evidence of record showing he received separation pay at the time of discharge.  In addition, DFAS confirmed the applicant did not receive separation pay.

3.  Thus, based on the evidence of record, it is concluded that the applicant's separation orders and his DD Form 214 contain erroneous entries regarding separation pay.  Therefore, it would be appropriate to correct his records by deleting those entries from his separation documents.
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:

a. amending Headquarters, 1st Infantry Division, Fort Riley, Orders 
321-0018, dated 17 November 2009, by deleting the additional instructions:  "Soldier is entitled to half separation pay IAW USC 10 1174"; and
   
b. deleting from item 18 of his DD Form 214 the entry, "SEPARATION PAY
 - - $17,709.30."



      _______ _   _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)                                         AR20140014877



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140014877



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2015 | 20150003229

    Original file (20150003229.txt) Auto-classification: Approved

    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 | 20140013918

    Original file (20140013918.txt) Auto-classification: Approved

    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." The applicant's record was corrected to show he was not entitled to separation pay. As a result, the Board recommends that all Department of the Army records of the individual...

  • 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 | CY2014 | 20140016321

    Original file (20140016321.txt) Auto-classification: Approved

    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 | CY2013 | 20130022300

    Original file (20130022300.txt) Auto-classification: Approved

    Army Regulation 635-5 (Separation Documents), as then in effect, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army and contained item-by-item instructions for completing the DD Form 214. The applicant's separation orders and his DD Form 214 authorized him to receive to full separation pay in the amount of $26,954.07. There is no evidence of record showing the applicant received...

  • ARMY | BCMR | CY2014 | 20140021725

    Original file (20140021725.txt) Auto-classification: Denied

    The applicant's DD Form 214 shows he was discharged on 30 August 2013 under the provisions of paragraph 5-3 of Army Regulation 635-200 by reason of Secretarial authority. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. 10 USC 1174 provides that a regular enlisted member of an Armed Force, who is discharged involuntarily or as a result of denial of reenlistment, and who has completed 6 or more but less than...

  • ARMY | BCMR | CY2003 | 2003086554C070212

    Original file (2003086554C070212.rtf) Auto-classification: Approved

    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.

  • ARMY | BCMR | CY2008 | 20080019403

    Original file (20080019403.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 14 May 2009 DOCKET NUMBER: AR20080019403 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Therefore, it would be appropriate to correct her DD Form 214 and her separation orders accordingly. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending her separation orders, dated 8 April 2008, to show that she was not entitled to separation pay; b. deleting the current separation pay entry in...

  • ARMY | BCMR | CY2013 | 20130002879

    Original file (20130002879.txt) Auto-classification: Approved

    BOARD DATE: 26 September 2013 DOCKET NUMBER: AR20130002879 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. This regulation states for: a. item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214. b. an active duty Soldier ordered to deploy to a foreign country, enter in item 18 the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." As a result, the Board recommends that all Department of...

  • ARMY | BCMR | CY2013 | 20130020581

    Original file (20130020581.txt) Auto-classification: Approved

    His DD Form 214 shows an entitlement to separation pay; however, he didn't receive the money. They do not show an entitlement to/payment of separation pay. There is no evidence of record that shows the applicant received payment of separation pay at the time of his discharge.