DOCKET NUMBER:  AR20090003879 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he received severance pay in the amount of $12,004.80 instead of $120,004.80.

2.  The applicant states, in effect, that item 18 of his DD Form 214 should be corrected to show that he was paid $12,004.80 severance pay at the time of his discharge from active duty.

3.  The applicant provides a copy of his DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s military record shows he enlisted in the Regular Army and entered active duty on 21 January 1998.  He was trained in, awarded, and served in military occupational specialty 51K (Plumber).

3.  On 6 June 2001, a physical evaluation board found the applicant physically unfit for military service and recommended his separation from active duty with severance pay.  The recommendation was approved on 21 June 2001.

4.  On 30 August 2001, the applicant was discharged from active duty in the rank of specialist (E-4).  The DD Form 214 that he was issued at that time confirms he completed 3 years, 7 months, and 10 days of active military service.  It also shows that he was discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 
4-24b(3), by reason of disability with severance pay.  Item 18 includes an entry which shows he received $120,0004.80 of severance pay.

5.  During the processing of this case, a member of the Board staff contacted the Defense Finance and Accounting Service (DFAS) to ascertain the correct amount of severance pay the applicant received.  A DFAS official indicated that the formula used to calculate the applicant’s disability severance pay confirmed he was paid $12,004.80 and not $120,004.80.

DISCUSSION AND CONCLUSIONS:

The evidence of record in this case confirms the applicant was paid $12,004.80 of severance pay in conjunction with his disability discharge as confirmed by DFAS officials.  Accordingly, it would be appropriate to correct the severance pay entry in item 18 of his DD Form 214 to show he received $12,004.80 and not $120,004.80 of disability severance pay.

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 18 of his DD Form 214 by deleting the entry "SEVERANCE PAY--$120,004.80" and replacing it with the entry "SEVERANCE PAY--$12,004.80" and by issuing him a correction to his DD Form 214 that reflects this change.



      ___________x______________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090003879



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ABCMR Record of Proceedings (cont)                                         AR20090003879



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