RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 9 March 2006
DOCKET NUMBER: AR20050009477
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 |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Mr. Richard T. Dunbar | |Chairperson |
| |Ms. Jeanette B. McPherson | |Member |
| |Mr. David W. Tucker | |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 that the entry "SEPARATION PAY - $7566.00" be
removed from item 18 (Remarks) of his DD Form 214 (Certificate of Release
or Discharge from Active Duty).
2. The applicant states he never received separation pay. There is an
incorrect separation code in item 26 (Separation Code) of his DD Form 214.
The Department of Veterans Affairs (DVA) has awarded him a 10 percent
disability rating but it is not payable because of the error on his DD Form
214.
3. The applicant provides a leave and earnings statement (LES) for the
period 1 through 28 August 2004; his DD Form 214; an 18 November 2004
letter from the DVA; and a 27 January 2005 memorandum to the DVA.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 30 December 1997. He was
honorably discharged on 28 August 2004 for disability, existed prior to
service, Physical Evaluation Board (PEB), under the provisions of Army
Regulation 635-40, paragraph 4-24B(4). He was given a separation code
of JFM.
2. The applicant's DD Form 214 shows he received separation pay in the
amount of $7566.00.
3. The applicant's LES for the period 1 through 28 August 2004 does not
show he received separation pay. It does show $4548.37 in separation pay
was deducted.
4. On 2 March 2006, the Defense Finance and Accounting Service confirmed
the applicant's separation code precluded his receiving severance,
separation, or readjustment pay and that he was in fact not paid any
separation, separation, or readjustment pay.
5. Army Regulation 635-5 (Separation Program Designator (SPD) codes)
states separation code JFM will be given when an enlisted Soldier is
involuntarily discharged due to disability, existed prior to service,
Physical Evaluation Board (PEB), under the provisions of Army Regulation
635-40, paragraph 4-24B(4).
DISCUSSION AND CONCLUSIONS:
1. The Defense Finance and Accounting Service verified the applicant did
not receive any separation, severance, or readjustment pay. Item 18 of his
DD Form 214 should be amended to delete the entry "SEPARATION PAY -
$7566.00."
2. The applicant was given the correct separation code based upon the
reason he was separated.
BOARD VOTE:
__rtd___ __jbm___ __dwt___ 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 item
18 of the DD Form 214 of the individual concerned be amended to delete the
entry "SEPARATION PAY - $7566.00."
__Richard T. Dunbar___
CHAIRPERSON
INDEX
|CASE ID |AR20050009477 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060309 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |100.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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