PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            10 February 2000                  
	DOCKET NUMBER:    AR1999031010

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Van B. Cunningham 		Chairperson	
	Mr. James P. Steuve		Member	
	Mr. Kenneth L. Wright		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 his debt of $3,856.51 be remitted. 

3.  The applicant states, in effect, that he was paid a final separation pay of $13,292.63 on 6 May 1997 and there was never an overpayment.  He indicates that he was entitled to full separation pay and his DD Form 214 indicates that he received $13, 232.63 on 6 May 1997.   

4.  The applicant’s military records show that he served continuously on active duty from 27 October 1983 until his separation on 30 April 1997.  At the time of his separation the applicant had attained the rank of sergeant/E-5 and had completed 13 years, 6 months, and 4 days of active military service.

5.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) issued to the applicant at discharge documents that he was honorably discharged, under the provisions of Paragraph 16-8, Army Regulation 635-200, by reason of reduction in force.  It also shows that the applicant was assigned a Separation Program Designator (SPD) code of JCC.  Block 18 (remarks) of the DD Form 214 indicates that the applicant was entitled to half involuntary separation pay in the amount $13,773.24.  

6.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code of JCC was the appropriate code for the applicant based on the guidance provided in AR 635-5-1 for soldiers separating under the provisions of AR 635-200, Paragraph 16-8 for a reduction in force.  

7.  Army Circular 635-92-1 (Separation Pay) outlined eligibility criteria for separation pay and provides separation pay formulas.  Moreover, this circular illustrates the various types of separation that are either eligible or ineligible for separation pay.  It states, in pertinent part, that soldiers separating for under the following circumstances are authorized full separation pay:  those who are denied reenlistment or separated under the excellence in retention program or other programs announced by Headquarters, Department of the Army; those who are fully qualified for retention but denied reenlistment or continuation on active duty, this includes soldiers who are denied reenlistment under established retention control points; and those selected for separation at or before the expiration of their term of service due to strength limitations or budgetary constraints.  Soldiers who are separated under provisions that call for the assignment of the SPD code of JCC fall into one of these categories and are authorized full separation pay.

CONCLUSIONS:

1.  The Board determined that the DD Form 214 issued the applicant at discharge erroneously indicated, in block 18, that the applicant was only authorized half separation pay.  Based on the authority for the applicant’s separation, Paragraph 16-8, Army Regulation 635-200, and the assigned 
SPD code of JCC, the Board concluded that the applicant was entitled to full separation pay and, in the interest of justice, it would be appropriate to correct this error at this time. 

2.  The Board determined that any debt incurred by the applicant as a result of his being denied full separation pay is in error and should be remitted at this time.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was entitled to full separation pay at the time of his separation from active duty.  

2.  That any debt the applicant incurred as a result of his being denied full separation pay be remitted at this time.

BOARD VOTE:  

__jps___  ___klw__  ___vbc__  GRANT AS STATED IN RECOMMENDATION

________  ________  _______  GRANT FORMAL HEARING

________  ________  _______  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999031010	
SUFFIX		
RECON		
DATE BOARDED	2000/02/DD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1997/04/30	
DISCHARGE AUTHORITY	AR 635-200 C16	
DISCHARGE REASON	Reduction in Force 	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 293	128.1000	
2.		
3.		
4.		
5.		
6.