PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           28 August 2001
	DOCKET NUMBER:   AR2001058992

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Donald P. Hupman, Jr.		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 his Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to show he received $6,080.04 in disability severance pay.

3.  The applicant states, in effect, that his DD Form 214 incorrectly shows he received disability severance pay in the amount of $11,577.60.  In support of his application he provides a copy of his Statement of Military Pay Account 
(DFAS –DE Form 0-641) and a copy of his DD Form 214.

4.  The applicant’s military records show that he enlisted in the Army on 
16 November 1998 for 3 years.  He was awarded military occupational specialty (MOS) 92Y (Supply Specialist).  The highest rank and pay grade he attained while on active duty was the rank of specialist (E-4).  On 14 November 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 1 year, 11 months and 29 days of creditable active service.

5.  Item 18 (Remarks) of the applicant’s DD Form 214 indicates a disability severance payment of $11,577.60.  In addition, the applicant was not available to verify and sign the DD Form 214.

6.  The DFAS –DE Form 0-641 submitted by the applicant shows he was entitled to disability severance pay in the amount of $6,080.04.

7.  In the processing of this case a staff member of the Board contacted the Defense Finance Accounting Service (DFAS) to verify the amount of severance pay that the applicant was paid upon his separation from the Army.  DFAS confirmed that the applicant received severance pay in the amount of $6,080.04.

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.  The applicant’s contention that his DD Form 214 incorrectly shows he received disability severance pay in the amount of $11,577.60 is true.  DFAS and 
DFAS –DE Form 0-641 both confirm that the applicant was entitled to disability severance pay in the amount of $6,080.04, and that he was paid as such.

2.  The Board finds that the severance pay shown in item 18 (Remarks) of the applicant’s DD Form 214 is in error and should be corrected to read $6,080.04.

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 14 November 1995 to the individual concerned, be corrected by showing his disability severance pay as being $6,080.40.

BOARD VOTE:  

___JNS__  __RTD__  __DPH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John N. Slone_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001058992	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/28	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.08	
2.		
3.		
4.		
5.		
6.