PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  18 February 1999
	DOCKET NUMBER:  AR1999021652

	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	
	Ms. Lee Tinsley		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Mr. John P. Infante		Member	
	Mr. James P. Steuve		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, in effect, correction of his DD Form 214 (Separation Document) to reflect the amount of $21,505.87 as amount of severance pay.

3.  The applicant states that his DD Form 214 lists his severance pay as $38,632.78 when his actual pay was $28,801.41.  He also states that although he received $28,801.41, he was only entitled to $21,505.87 and the Veterans Administration offset his disability entitlement by $28,801.41.  By correcting the error, he can recoup the difference in pay from the VA and use it to pay back to DFAS.

4.  He enlisted in the Regular Army on 8 February 1966, served 9 years, 11 months and 8 days before being discharged on 15 January 1976.  He reenlisted in the Regular Army on 28 November 1984 as a Correctional Noncommissioned Officer (95C20) and was discharged on 21 February 1992 with an honorable characterization of service.  His DD Form 214 shows he received $38,632.78 in severance pay.

5.  According to a letter dated January 7, 1998, from DFAS, to the applicant, the applicant was paid $28,801.41 but was only entitled to $21, 505.87.  Further documentation from DFAS breaks down the applicant’s entitlements and shows the amount that applicant was overpaid as $7,295.54.

CONCLUSIONS:

1.  Applicant received severance pay of $28,801.41 but was only entitled to $21,505.87.  Therefore, he received overpayment of $7,295.54 and $28,801.41 was offset by the Veterans Administration for disability entitlement.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the applicant received $21,505.87 in severance pay and that a DD Form 215 be issued to show the correct amount.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION

						                                     
						        CHAIRPERSON

INDEX

CASE ID	AR	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.