PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          28 October 2003                    
	DOCKET NUMBER:  AR2003084880

	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	
	Ms. Carolyn Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Linda D. Simmons		Member	
	Ms. Marla J. N. Troup		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 she be paid the correct amount of disability severance pay.

3.  The applicant states, in effect, that her disability severance pay was incorrectly calculated because a mistake was made in computing her time-in-service.  She adds that her DD Form 214 (Certificate of Release or Discharge from Active Duty) reflects that she received $12,796.80, but she only received $5,000.00.  In support of her request, she submits a copy of her DD Form 214 and an inquiry from her credit union.

4.  The applicant’s military records show she enlisted in the United States Army Reserve (USAR) on 24 September 1998 for the 6X2 Enlistment Option.  She enlisted for the Alternate Training Program in military occupational specialty (MOS) 92A, Automated Logistical Specialist.  She also enlisted for the Educational Incentive Program, which included the Montgomery GI Bill, SRIP (Selected Reserve Incentives Program) and SLRP (Student Loan Repayment Program).

5.  On 27 October 1998, the applicant was ordered to IADT (initial active duty for training) for 22 weeks.  During basic combat training at Fort Jackson, South Carolina, the applicant suffered stress fractures to both legs.  She completed basic training and was transferred to Fort Lee, Virginia.

6.  On 9 March 1999, the applicant received follow-up care at Kenner Army Health Clinic, Fort Lee.  It was noted that she had stress fractures to both legs and that the fractures occurred in the line of duty.  She was advised to seek follow-up care at a Military Treatment Facility nearest her place of residence.

7.  The applicant completed all required military training and was awarded MOS 92A.  On 26 April 1999, she was honorably released from IADT and was assigned to the 854th Quartermaster Company, Logan, Utah.

8.  On 8 February 2000, the applicant joined the 651st Quartermaster Company, Ogden, Utah.  

9.  On 7 March 2000, the applicant enlisted in the Regular Army.  She served without incident and was honorably discharged on 29 April 2002.  She completed 2 years, 1 month, and 23 days of active military service and was credited with a total of 2 years, 7 months, and 23 days of active military service.  Her DD Form 214 also shows she was paid $12, 796.80 in disability severance pay.

10.  On 30 September 2003, the Defense Finance and Accounting Service (DFAS) provided clarification on the amount of severance pay the applicant received.  The DFAS confirmed that the applicant received disability severance pay in April 2002, in the amount of $4, 254.94 (Gross $6, 398.40, minus federal tax $1, 727.57, minus state tax $415.89).

11.  The applicant’s monthly basic pay as a specialist/E-4 with more than 2 years of service for pay purposes was $1, 517.70.  Disability severance pay based on twice the applicant’s monthly basic pay times 3 years equals $9, 106.20.

12.  Disability severance pay is governed by Title 10 USC § 1212.  It specifies the requirements that must be met in order to compute disability severance pay.  Disability severance pay is computed by multiplying the number of years of active service by double the amount of monthly basic pay.  A part of a year of active service that is 6 months or more is counted as a whole year, and a part of a year that is less than 6 months is disregarded.

CONCLUSIONS:

1.  The gross amount of disability severance pay stated on the applicant's DD Form 214 and the gross and net amounts stated in the 30 September 2003 DFAS advisory opinion appear to be incorrect.

2.  The applicant's DD Form 214 clearly shows that she served a total of 2 years, 7 months, and 23 days of creditable active service.  Based upon the formula prescribed in Title 10 USC § 1212, this service should have been rounded up to 3 full years for disability severance pay purposes.

3.  Based upon the applicant's basic pay of $1,517.70 per month as an E-4 with over 2 years of service, the Board estimates her disability severance pay should have been $9,106.20 ($1,517.70 X 2 months X 3 years).

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

RECOMMENDATION:

1.  That the DFAS review this Board's calculation of the disability severance pay of the individual concerned and, upon verifying or correcting the calculation, make the necessary adjustment to her disability severance pay and pay her the corrected amount.

2.  That all of the Department of the Army records related to this case be corrected by issuing the individual concerned a DD Form 215 (Correction to DD Form 214) showing the correct amount of gross disability severance pay that she was due on 29 April 2002. 

BOARD VOTE:  

__rjw___  __lds___  _mjnt___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Raymond J. Wagner
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003084880	
SUFFIX		
RECON		
DATE BOARDED	20031028	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.0800	
2.		
3.		
4.		
5.		
6.