PROCEEDINGS

           IN THE CASE OF: 

	BOARD DATE:           11 February 1999                   
	DOCKET NUMBER:   AC98-11743
                                              AR1998014441

	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. Loren G. Harrell		Director	
	Mr. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Van B. Cunningham		Member	
	Ms. Carol Jo Suiter		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his separation document (DD Form 214) be corrected to show he received $6,692.40 in disability severance pay.

3.  The applicant states that his DD Form 214 incorrectly shows he received disability severance pay in the amount of $3,347.20.  In support of his application he provides a copy of his pay record showing he was entitled to disability severance pay in the amount of $6,692.40

4.  The applicant’s military records show that he enlisted in the Army on 21 April 1992 for 3 years.  He completed his initial training and was assigned to the Federal Republic of Germany for duty as an automated logistical specialist (92A).  He attained the rank of specialist (E-4) on 1 July 1994.

5.  On 10 August 1994 the applicant was admitted to the Medical Treatment Facility, Walter Reed Army Army Medical Center, Washington, DC.  The specific nature of his illness or injury is not known.

6.  On 6 April 1995 the applicant was honorably discharged from the Army under the provisions of Army Regulation 635-40, paragraph 24b(3), due to physical disability with severance pay.  He completed 2 years, 11 months and 16 days of creditable active service.

7.  The applicant’s DD Form 214 indicates a disability severance payment of $3,347.20 and that he was separated from the service on temporary records and the affidavit of the applicant.  It further states that a DD Form 215 will be issued to provide missing information or to correct any misinformation.  The applicant was not available to verify and sign the DD Form 214.

8.  Army Regulation 635-40 sets forth the basic authority for the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability.  Paragraph 4-24b(3) provides for separation for physical disability with severance pay.

CONCLUSIONS:

1.  Lacking evidence to the contrary, the Board presumes regularity in the disability separation of the applicant.

2.  Since the applicant was not available to review and sign his DD Form 214 and since the clerical entries indicate that his records were not available at the time of its preparation, the Board finds it reasonable to presume that the amount of severance pay shown on the DD Form 214 ($3,347.20) is in error and that the amount shown on the pay record ($6,692.40) is correct.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case, particularly the DD Form 214 issued on 6 April 1995 to the individual concerned, be corrected by showing his disability severance pay as being $6,692.40.

BOARD VOTE:  

____X____  ___X_____  ____X____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-11743	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990211	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	128.08	
2.		
3.		
4.		
5.		
6.