PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 September 2000                   
	DOCKET NUMBER:   AR2000042998

	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 Amos		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Eric N. Andersen		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, that Orders 096-2209, Headquarters, U. S. Infantry Center dated 5 April 2000 be corrected to show his correct years of service and that he be paid the difference in pay.

3.  The applicant states, in effect, that the separation orders that were published did not reflect any of his reserve service.  He calculates his severance pay should have been based on about 10 years service rather than the 6 years of service shown on the orders.

4.  The applicant’s military records show that he enlisted in the Regular Army on 6 December 1974 and was released from active duty on 28 November 1977 after completing 2 years, 11 months and 23 days of creditable active service.  

5.  On 28 March 1983, the applicant enlisted in the U. S. Army Reserve.  In addition to being ordered to active duty for 6 months and 25 days in 1995, his Chronological Statement of Retirement Points shows he earned 316 active duty points between 28 March 1983 and 27 March 1997.  It appears that his 6 months and 25 days of active duty was not included on this statement.  

6.  The applicant was ordered to active duty again on 23 January 1998.

7.  On 16 May 2000, the applicant was discharged by reason of a disability with severance pay.  He had completed 2 years, 3 months and 24 days of creditable active service for that period.  His Certificate of Release or Discharge from Active Duty, DD Form 214, item 12d shows he had 6 years, 2 months and 6 days of prior active service.  Orders 096-2209, Headquarters, U. S. Army Infantry Center, dated 5 April 2000 state that he is authorized disability severance pay in pay grade E-6 based on 6 years, 2 months and 6 days of service.  

8.  PEBLO Estimated Disability Compensation Worksheet, DA Form 5892-R, had
calculated the applicant’s compensation based upon 7 years and 6 months of active Federal service.

9.  The Department of Defense Financial Management Regulation (DODFMR), volume 7A, paragraph 350401 provides that a member separated from the military service for physical disability is entitled to severance pay if qualified.  When a member is entitled to disability severance pay, separation orders specify this entitlement.  Paragraph 350403 provides that disability severance pay is computed by multiplying the sum of basic pay for 2 months by the number of combined years of active service and inactive duty training (but not over 12).  The member’s separation orders specify the total combined years of active service and inactive duty training to be counted in computing severance pay.

CONCLUSIONS:

1.  It appears that some of the applicant’s USAR service not on active duty was not counted towards his combined years of active service and inactive duty training in computing his severance pay.  The sum of active duty shown on his three DD Forms 214 add up to 5 years, 10 months, and 16 days.  His separation orders show he was credited with 6 years, 2 months and 6 days of creditable active service. 

2.  The applicant’s Chronological Statement of Retirement Points shows he earned a total of 316 active duty points during the period he was not on active duty, plus even more inactive duty training points during the same period.  These points should have added up to at least 7 years combined years for the computation of his severance pay.

3.  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 recomputing his total combined years of active service and inactive duty training to be counted in computing his severance pay in accordance with the DODFMR and amending his separation orders, as appropriate.

2.  If the recomputation results in the applicant being credited with more than      6 years, 2 months, and 6 days of service for computation of his disability severance pay, then the applicant be paid the difference in severance pay due him.

BOARD VOTE:  

__jhl___  __clg___  __ena___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			JoAnn H. Langston
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000042998	
SUFFIX		
RECON		
DATE BOARDED	20000921	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.14	
2.		
3.		
4.		
5.		
6.