IN THE CASE OF:
BOARD DATE: 29 October 2015
DOCKET NUMBER: AR20150003229
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 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.
2. The applicant states he has not received and will not receive any separation pay from the Army.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. On 20 July 2006, he enlisted in the Regular Army for 4 years. On 1 February 2008, he was promoted to specialist. On 13 February 2009, he immediately reenlisted for 5 years.
2. U.S. Army Installation Management Command (IMC), Headquarters (HQ), U.S. Army Garrison, Fort Bragg, NC Orders 338-0324, dated 4 December 2013, reassigned the applicant to the U.S. Army transition point for transition processing. The additional instructions include the statement "SOLDIER IS ENTITLED TO FULL SEPARATION PAY IAW 10 USC 1174."
3. U.S. Army IMC, HQ, U.S. Army Garrison Orders 343-0260, dated 9 December 2013, amended U.S. Army IMC, HQ, U.S. Army Garrison Orders 338-0324, dated 4 December 2013, to change the statement "SOLDIER IS ENTITLED TO FULL SEPARATION PAY IAW 10 USC 1174" to read "SOLDIER IS ENTITLED TO ONE HALF SEPARATION PAY IAW 10 USC 1174."
4. On 12 February 2014, he was discharged by reason of completion of required active service. He completed 7 years, 6 months, and 23 days of active service that was characterized as honorable. Item 18 (Remarks) of his DD Form 214 includes the following entries:
* "SEPARATION PAY - - $10,814.85"
* "MEMBER IS ENTITLED TO HALF INVOLUNTARY SEPARATION PAY"
5. A DD Form 215 (Correction to the DD Form 214), dated 7 January 2014, corrected the separation pay entry in item 18 of his DD Form 214 with a separation date of 12 February 2014 to read "SEPARATION PAY - - $10,922.85."
6. An email, dated 21 October 2015, from the Defense Finance and Accounting Service (DFAS) stated their records show no entitlement for separation pay was posted to the applicant's account and no payment was made.
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 he never received any separation pay. The email from DFAS supports this contention.
2. There is no evidence of record showing he received separation pay at the time of discharge on 12 February 2014.
3. The following orders should be corrected by:
* removing the statement "Soldier is entitled to full separation pay IAW 10 USC 1174" from U.S. IMC, HQ, U.S. Army Garrison Orders 338-0324, dated 4 December 2013
* revoking U.S. IMC, HQ, U.S. Army Garrison Orders 343-0260, dated
9 December 2013
4. The DD Form 215, dated 7 January 2014, should be voided and the following entries should be removed from item 18 of his DD Form 214 with a separation date of 12 February 2014:
* "SEPARATION PAY - - $10,814.85"
* "MEMBER IS ENTITLED TO HALF INVOLUNTARY SEPARATION PAY"
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 U.S. IMC, HQ, U.S. Army Garrison Orders 338-0324, dated
4 December 2013, by deleting the entry "SOLDIER IS ENTITLED TO FULL SEPARATION PAY IAW 10 USC 1174";
b. voiding U.S. IMC, HQ, U.S. Army Garrison Orders 343-0260, dated
9 December 2013; and
c. voiding the DD Form 215, dated 7 January 2014, and amending his
DD Form 214 with a separation date of 12 February 2014 by deleting the following entries:
* "SEPARATION PAY - - $10,814.85"
* "MEMBER IS ENTITLED TO HALF INVOLUNTARY SEPARATION PAY"
_______ _ __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) AR20150003229
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ABCMR Record of Proceedings (cont) AR20150003229
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