IN THE CASE OF: BOARD DATE: 9 SEPTEMBER 2014 DOCKET NUMBER: AR20130021673 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, correction of the amount of separation pay entered in block 18 (Remarks) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 January 2012. 2. She states block 18 shows she received $88,773.75 in separation pay, but the Defense Finance and Accounting Service (DFAS) has stated her separation pay is $49,491.78. 3. She provides a letter from DFAS. CONSIDERATION OF EVIDENCE: 1. On 19 March 1996, the applicant enlisted in the Regular Army. On 18 October 2000, she was released from active duty after completing 4 years and 7 months of net active service this period. 2. She served as an enlisted member of the Nevada Army National Guard (NVARNG) from 19 October 2000 to 5 January 2004. She was discharged from the NVARNG by reason of enlistment into a U.S. Army Reserve (USAR) Troop Program Unit. 3. As an enlisted member of the USAR, she entered active duty on 10 May 2006. On 15 June 2006, she was discharged to accept appointment as a warrant officer after completing 1 month and 6 days of net active service this period. 4. On 24 September 2007, she entered active duty as a USAR warrant officer. 5. Effective 16 June 2008, she was promoted to chief warrant officer two (CW2)/pay grade W-2. 6. On 14 July 2011, she requested involuntary release from active duty due to force structure changes. Her request was approved. 7. On 11 October 2011, the U.S. Army Human Resources Command issued Orders C-09-190861A01 showing she was entitled to full separation pay. 8. On 14 January 2012, she was honorably released from active duty as a CW2 and transferred to the USAR Control Group (Reinforcement) after completing 4 years, 3 months, and 21 days of net active service this period and with 4 years, 8 months, and 6 days of total prior active service. The DD Form 214 issued at that time shows in: * item 18, in part – "SEPARATION PAY $88773.75" * item 26 (Separation Code) – "LBK" 9. She provides a letter from DFAS, dated 22 May 2012, showing, in part, that she had inquired about separation pay she had not received. DFAS informed her that based on her separation code of "LBK" she was entitled to full separation pay in the gross amount of $49,491.78. DFAS stated her separation pay would be based on 10 percent (%) of her monthly base pay rate of $4,625.40 multiplied by 107 months (her total active service). 10. The military pay table effective 1 January 2012 shows that the monthly basic pay rate for a CW2 with over 14 years of service was $4,625.40. 11. Department of Defense Instruction (DODI) 1332.29, subject: Eligibility of Regular and Reserve Personnel for Separation Pay, states that separation pay for Service members eligible for full payment shall be computed at 10% of 12 times the amount of monthly basic pay to which entitled at the time of separation from active duty times the number of years and fractions of a year of active service when separated. Qualifying years do not have to be continuous; however, the last phase of the qualifying term must end immediately before the separation from active duty occurs. Each full month of military service that is in addition to the number of full years of active service is counted as one-twelfth of a year. Any remaining fractional part of a month is disregarded. 12. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. For item 18 it stated for a Soldier receiving separation/readjustment or non-disability severance pay (as indicated by the finance office) enter the type of pay and the amount. DISCUSSION AND CONCLUSIONS: 1. A review of the applicant's service history and DODI 1332.29 supports DFAS's determination that she was entitled to separation pay in the amount of $49,491.78 when she was involuntarily released from active duty in January 2012. 2. The amount of separation pay entered on her DD Form 214 for the period ending 14 January 2012 is an error. It would be appropriate to correct this DD Form 214 to show she received $49,491.78 in separation 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 correcting her DD Form 214 for the period ending 14 January 2012 as follows: * delete from item 18 "SEPARATION PAY -- $88773.75" * add to item 18 "SEPARATION PAY -- $49,491.78" _______ _ 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) AR20130021673 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130021673 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1