RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 16 February 2006
DOCKET NUMBER: AR20050007550
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Mr. William D. Powers | |Chairperson |
| |Ms. Janet Strafer | |Member |
| |Ms. Naomi Henderson | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that Item 18 (Remarks) of his 24
August 2002 separation document (DD Form 214) be corrected by deleting the
entry “Disability Severance Pay -- $20163.60”.
2. The applicant states, in effect, that the remarks section of his DD
Form 214 states that he received $20,163.60 of severance pay upon his
separation. However, this was an administrative error on the part of
individuals at the Fort Lewis, Washington transition center. He claims
these personnel acknowledge the error, but no longer have the ability to
correct.
3. The applicant provides his DD form 214 and his last leave and earnings
statement (LES) in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant’s record shows he enlisted in the Regular Army and
entered active duty on 30 August 2001. He was trained in, awarded, and
served in military occupational specialty (MOS) 14E (Avenger Crewmember),
and the highest rank he attained while serving on active duty was
specialist (SPC).
2. On 24 August 2002, the applicant was honorably separated. The DD Form
214 he was issued at the time confirms he was separated under the
provisions paragraph 4-24B(3), Army Regulation 635-40, by reason of
disability with severance pay. Item 18 contains an entry that indicates
the applicant received $20,163.60 of disability severance pay at
separation.
3. The applicant provides an LES for September 2002, which indicates he
received $3,508.01 of separation pay.
4. A review of the applicant’s Defense Finance and Accounting Service
(DFAS) pay record shows the applicant was separated with entitlement to
$3,360.60 of disability severance pay. There is no information in his pay
record that would account for the $20,163.60 disability severance pay entry
on the applicant’s
DD Form 214.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for soldiers on retirement, discharge,
release from active duty service, or control of the Active Army. It also
establishes standardized policy for preparing and distributing the DD Form
214.
6. Chapter 2 of the separation documents regulation contains item-by-item
instructions for preparation of the DD Form 214. The instructions for Item
18 state, in pertinent part, that it is for Headquarters, Department of the
Army mandatory requirements when a separate item is not available.
DISCUSSION AND CONCLUSIONS:
The applicant’s claim that the disability severance pay entry in Item 18 of
his DD Form 214 was incorrect was carefully considered and found to have
merit. A review of his DFAS pay account confirms he was entitled to
$3,360.60 and not $20,163.60 of disability severance pay at the time of his
separation. Thus, it would be appropriate to amend Item 18 of his 24
August 2002 DD Form 214 by deleting the entry “Disability Severance Pay --
$20,163.60” and replacing it with the entry “Disability Severance Pay --
$3,360.60”.
BOARD VOTE:
___WDP_ __JS____ __NH___ GRANT 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
amending Item 18 of his 24 August 2002 DD Form 214 by deleting the current
entry “Disability Severance Pay -- $20,163.60” and replacing it with the
entry “Disability Severance Pay -- $3,360.60”; and by providing him a
correction to his separation document that includes this change.
____William D. Powers____
CHAIRPERSON
INDEX
|CASE ID |AR20050007550 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2006/02/16 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |2002/08/24 |
|DISCHARGE AUTHORITY |AR 635-40 |
|DISCHARGE REASON |Disability with Severance Pay |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. 1021 |100.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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