IN THE CASE OF:	  

		BOARD DATE:	  16 November 2010

		DOCKET NUMBER:  AR20100010208 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the proper amount of the Special Separation Benefit (SSB) he was authorized to receive when he was discharged.

2.  The applicant states the "pay department" stated they overpaid him by approximately $15,000.00.  He applied for Department of Veterans Affairs (VA) benefits and was told the VA cannot pay him because of his separation bonus.

3.  The applicant provides no documents in support of his request.

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.  His DD Form 214 shows he was discharged on 30 May 1995 after completing 11 years, 10 months, and 3 days of active service with 4 years of prior active service.  He completed a total of 15 years, 10 months, and 3 days of active military service.

3.  Item 18 (Remarks) of his DD Form 214 shows he received an SSB payment in the amount of $54,299.90.  The calculations upon which this payment was based are not contained in the available records.

4.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) was asked to review the applicant's Master Military Pay Account (MMPA) to confirm the amount of his SSB payment.  His MMPA shows he received an SSB payment of $54,299.91, less $15,203.97 for Federal income tax withheld (FITW).

5.  The National Defense Authorization Act of Fiscal Year 1992 established two monetary incentive programs to assist in maximizing voluntary separation during the drawdown period of military forces.  One incentive was called the SSB which paid separation pay equal to 15 percent of the Soldier's annual basic pay times the number of years of service.

6.  Army Regulation 635-5 (Separation Documents) states that for a Soldier receiving separation/readjustment or non-disability severance pay (as indicated by the finance office), to enter the type of pay and amount in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request to correct the amount of his SSB payment.

2.  There is no documentary evidence showing the applicant received more or less than the amount of SSB to which he was entitled.

3.  His DD Form 214 shows he received an SSB payment in the amount of $54,299.90, and his MMPA shows he received a payment in the amount of $54,299.91 less $15,203.97 for FITW.  Although there is a discrepancy of $.01, this discrepancy does not constitute a substantive error warranting correction of the record.

4.  It appears the applicant's issue lies with VA policies and/or regulations.  If he believes the VA has improperly denied him payment of benefits, he may appeal to that agency.

5.  In view of the foregoing, there is no basis for granting the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ 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)                                         AR20100010208



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ABCMR Record of Proceedings (cont)                                         AR20100010208



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