PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 September 2000                   
	DOCKET NUMBER:   AR2000043628

	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:

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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 Orders 174-2213, Headquarters, U. S. Infantry Center dated 23 June 1999 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 the active duty points he earned while in the Army National Guard.  When his severance pay was calculated, it was based upon less than   11 years of service whereas it should have been based upon 12 years of service.

4.  The applicant’s military records from his prior Regular Army service only are available.  

5.  The applicant enlisted in the Regular Army on 28 March 1974 and was honorably discharged on 23 September 1982 after completing 8 years, 5 months and 26 days of creditable active service.  

6.  On 2 June 1984, the applicant enlisted in the Army National Guard.  His Army National Guard Retirement Points History Statement shows that he earned 435 active duty points between this date and 16 July 1997, when he entered active duty, apparently in an Active Guard/Reserve (AGR) status.

7.  On 11 June 1999, the applicant was discharged by reason of a disability with severance pay.  He had completed 1 year, 10 months and 25 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 8 years, 11 months and 3 days of prior active service.  Orders 174-2213, Headquarters, U. S. Army Infantry Center, dated 23 June 1999 state that he is authorized disability severance pay in pay grade E-7 based on 10 years, 9 months and 28 days of service.  

8.  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 Army National Guard service not on active duty were counted towards his combined years of active service and inactive duty training in computing his severance pay.  His DD Forms 214 show he was credited with 8 years, 5 months and 26 days of creditable active service during his first period of active duty and 1 year, 10 months and 25 days creditable active service for his last period of active duty for a total of 10 years, 4 months and 21 days.  Yet, he was credited with an additional 5 months and 7 days on his separation orders. 

2.  The applicant’s Army National Guard Retirement Points History Statement shows he earned a total of 435 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 the maximum 12 combined years allowed by the DODFMR in computing 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 10 years, 9 months, and 28 days of service for computation of his disability severance pay, then the applicant be paid the difference in severance pay due him.

BOARD VOTE:  

__hof___  __jpi___  __rks___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Hubert O. Fry, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000043628	
SUFFIX		
RECON		
DATE BOARDED	20000919	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.08	
2.		
3.		
4.		
5.		
6.