RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            16 DECEMBER 2003                  
	DOCKET NUMBER:   AR2003091715

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. John N. Slone		Member	
	Ms. Shirley L. Powell		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  In effect, the applicant requests that his 26 April 1992 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he received $10,971.24 in separation pay, vice the $13,714.42 amount shown.

2.  The applicant states that he did not know of the difference in the separation pay that he received versus that shown on his DD Form 214 until he found his separation pay paperwork.  He is still paying back his separation pay, and is now overpaying the amount.

3.  The applicant provides a copy of a 30 October 1992 letter from the Defense Finance and Accounting Service (DFAS) in Indianapolis reminding him of his indebtedness to the government, a copy of a 3 March 1993 DFAS letter informing him that there was an error in his account, a copy of a 24 April 1992 military pay voucher, a copy of a 20 April 1992 separation pay worksheet, a copy of a DFAS statement, and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 26 April 1992.  The application submitted in this case is dated 27 May 2003.  

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Army on 4 December 1979 and remained on continuous active duty until his discharge in 1992.     

4.  On 1 November 1991 the applicant was notified that he was to be barred from reenlistment under the provisions of the Department of the Army Qualitative Management Program (QMP).  On 11 February 1992 Headquarters, Fifth U.S. Army and Fort Sam Houston published orders reassigning the applicant to the transition point for transition processing with a discharge date of 26 April 1992.  Those orders indicated that the applicant was entitled to half separation pay. 

5.  The applicant was discharged in the pay grade of E-5 on 26 April 1992.  He had 12 years, 4 months, and 23 days of service.  The remarks section of his        DD Form 214 shows separation pay in the amount of $13,714.42.  

6.  A 20 April 1992 separation pay worksheet shows an entry of half separation pay in the amount indicated on his DD Form 214; however, that amount is lined through and the amount $10,971.24 entered directly below.  The worksheet shows the applicant's entitlements, pay for accrued leave, a subtotal of $14,456.47 (with the amount $17,199.65 lined through), the subtractions (collections, deductions, tax, etc.), and a total amount of $11,030.29 (with the amount $12,913.48 lined through).      

7.  A 24 April 1992 military pay voucher indicates that the applicant received pay in the amount of $11,030.29.  

8.  Department of the Army Circular 635-92-1 outlines eligibility criteria and provides samples of voluntary separation pay.  It states that half separation pay is authorized to soldiers who are not fully qualified for retention and are involuntarily separated, to include soldiers who are denied retention as a result of a DA QMP.  Separation pay is computed at 10 percent of 12 times the monthly basic pay at separation, times the years and fractions of a year of active military service when separated.  In determining a soldier's years of active service, each full month of service that is in addition to the number of full years of service is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded.  Separation pay for soldiers eligible for half payments will be computed at one-half times what the full payment would have been.  

9.  Historical data from the Military Compensation and Background Papers show that the applicant's monthly pay at the time of his discharge was $1482.60.  A rough computation of the applicant's separation pay based on the above mentioned formula indicates that the applicant's separation pay as $10,968.00.

10.  The computations on the separation pay worksheet indicate that the total amount shown of $11,030.29, the amount also indicated on his military pay voucher, is possible only with the half separation pay amount of $10,971.24, and not the lined through amount of $13,714.42.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant received separation pay in the amount of $10,971.24, not the amount shown on his DD Form 214.  It is probable that the amount on his        DD Form 214 was entered prior to a correction of the separation pay worksheet showing the proper amount.   

2.  Consequently, the applicant's DD Form 214 should be corrected to show separation pay in the amount of $10,971.24.  

BOARD VOTE:

__SAC __  __JNS __  __SLP __  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in the remarks section of the applicant's     26 April 1992 DD Form 214 separation pay of $10,971.24, vice the $13,714.42 amount shown. 

		___Samuel A. Crumpler____
		        CHAIRPERSON

INDEX

CASE ID	AR2003091715	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031216	
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.	110.00	
2.		
3.		
4.		
5.		
6.