MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             25 July 2000                 
	DOCKET NUMBER:    AR1999034226

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John H. Kern		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his records be corrected to show that he did not receive a disability severance payment check for the amount of $5301.00 upon his separation for the U.S. Army.  He further requests that a replacement check be issued.

APPLICANT STATES:  That his military pay records indicate he received a disability severance payment of $5301.00.  He did not receive a payment for that amount or any lessor amount.  He was informed by the Department of Veterans Affairs (VA), Manchester, New Hampshire office that he was not authorized payment because he received a 0% rating. 

In support of his application he submitted a letter that he received from the Defense Finance and Accounting Service (DFAS).  The applicant was informed by DFAS that the master military pay account determined that a separation check for $5301.00 (less taxes) was paid on check number 20502523 at Fort Bragg, North Carolina on 3 April 1986.  The check was not returned as an undeliverable item.  An attempt was made to obtain a copy of the negotiated check; however, the Department of the Treasury destroys negotiated instruments over six years.  The applicant also furnished a copy of his 3 April 1986, Leave and Earning Statement (LES).  The statement indicates that the applicant was authorized disability severance pay in grade E-4 and that the check was available at the cage for pick up.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted 29 March 1983, was trained as a combat engineer and was honorably separated on 4 April 1986 under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement or Separation), for physical disability with severance pay.  The remarks block of his DD Form 214 (Certificate of Release or Discharge from Active Duty) contains the entry “severance pay in amount of $5301.00”.  The DD Form 214 was initialed and signed by the applicant.

DA Form 199 (Physical Evaluation Board Proceeding) block nine reflects that the applicant was found physically unfit, received a rating of 10%, and was recommended for separation from the service with severance pay if otherwise qualified.

Copy of electronic message sent from Military Personnel Command directing that the applicant be discharged, authorized severance pay in grade SP4 with a disability rating of 10%.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant’s personnel record, finance record and DD Form 214 indicated that he was to receive a disability severance payment.  The LES shows the check was available for the applicant to pickup and DFAS has indicated the check was issued.  The applicant has provided no proof that he did not receive the check.  When his military service was terminated due to physical disability he was informed that as part of the physical disability separation he would receive compensation.  Receipt of the physical disability severance pay should have been very important to him but he has not provided an explanation as to why if the check was not available for pickup or was not mailed to him in a timely manner, he did not follow up with official inquires.  The applicant’s 14-year delay in seeking assistance, and the U.S. Treasury’s rule of destruction of records after six years make it virtually impossible to establish his entitlement to the payment now and prevents approval of his application.

2.  The applicant received a 10% physical disability rating from the U.S. Army.  The Department of Veterans Affairs makes an independent physical disability determination, which establishes whether he is eligible for compensation from that agency.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__tsk____  ___sk ___  ___jhk __  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999034226	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000725	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.08	
2.		
3.		
4.		
5.		
6.