PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  26 August 1999
	DOCKET NUMBER:  AR1999022892

	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:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Samuel Calderon		Member	
	Ms. Barbara J. Ellis		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 $12,972.09 as amount of severance pay.

3.  The applicant states, in effect, that his DD Form 214 lists his severance pay as $13,998.25 and that finance, through the IRS, collected $1,122.25.  The Veterans Administration continues to offset his disability entitlement by $13,998.25 when the VA should stop at $12,972.09.

4.  He enlisted in the Army Delayed Enlistment Program on 30 December 1977 and went into the Regular Army on 19 June 1978.  He served 14 years, 07 months and 22 days, with 1 year, 06 months and 05 days break in service, before being discharged on 15 August 1994 with an honorable characterization of service.  His DD Form 214 shows he received $13,998.25 in severance pay.

5.  According to a letter dated October 15, 1997, from DFAS-DE, to the applicant, the applicant was paid $13,998.25 but was only entitled to $12,972.09.  The letter further stated that he had been overpaid by $1,026.16 and that the debt had been collected from his IRS refund on February 12, 1997.

CONCLUSIONS:

1.  Applicant received severance pay of $13,998.25 but was only entitled to $12,972.09.
Therefore, he received overpayment of $1,026.16, which has already been recouped by finance, and the VA continues to offset the applicant’s disability entitlement by $13,998.25.

2.  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 be corrected by showing that the applicant received $12,972.09 in severance pay and that a DD Form 215 be issued to show the correct amount.

BOARD VOTE:  

                                                   GRANT AS STATED IN RECOMMENDATION

                                                   GRANT FORMAL HEARING

                                                    DENY APPLICATION

						                                     
						        CHAIRPERSON

INDEX

CASE ID	AR1999022892	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990826	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19940815	
DISCHARGE AUTHORITY	AR 635-200, para 16-8	
DISCHARGE REASON	Reduction in Force	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  291	Severance Pay	
2.		
3.		
4.		
5.		
6.