PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           09 APRIL 2002                   
	DOCKET NUMBER:   AR2001063302

	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. Carl W. S. Chun		Director	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Donald P. Hupman, Jr.		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 that item 18 (remarks) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect that he received “separation” pay vice “disability severance” pay.  He states, in effect, that he was recently granted disability pay by the VA (Veterans Administration) but they are withholding a portion of his monthly disability payment because his separation document indicates that he received disability severance pay at the time he was released from active duty.  He notes that he was released from active duty because he met the retention control point (RCP) for soldiers serving in pay grade E-4, and was prohibited from reenlisting.  He states that his SPD (separation program designator) code and his separation orders confirm this information.

3.  Records available to the Board indicate the applicant entered active duty on 12 June 1990 and was promoted to pay grade E-4 on 12 August 1992.  The applicant reenlisted in April 1994 for a period of 4 years and in October 1997 for a period of 2 years, which ultimately established his separation date as 30 October 1999.  In March 1998 the applicant was permitted to extend his 1997 enlistment period by an additional 4 months in order to comply with the requirements for a foreign service tour extension.  As such, his separation date was established as 29 February 2000.

4.  On 29 February 2000 the applicant was released from active duty.  His separation document indicates that he was released upon “completion of required active service” and received a SPD code of JBK.  His separation orders do not indicate that he was released by reason of physical disability and do confirm that he was entitled to “full separation pay.”  However, item 18 (remarks) on his DD Form 214 indicates he received more than $15,000.00 as “disability severance pay.”

5.  Army Regulation 601-280 established the RCP, for soldiers serving in pay grade E-4, at 8 years.  The regulation prohibits the retention of such soldiers by more than 29 days beyond that point, and precludes the reenlistment of soldiers whose reenlistment would take them beyond their RCP.

6.  Department of the Army Circular 635-2-1 states, in effect, that soldiers who are denied continuation on active duty under established RCP provisions are entitled to full separation pay.

7.  Disability severance pay is a special lump-sum payment made to members of the armed forces separated from active military service because of minor physical disabilities.  Severance pay, on the other hand, is a contingency payment for soldiers who are career committed but for whom a full military career may be denied.

8.  Army Regulation 635-5-1 states that SPD code JBK applies to soldiers ineligible for, barred from, or otherwise denied reenlistment who are separated on completion of their enlistment.

CONCLUSIONS:

1.  The evidence clearly shows that the applicant was separated as a result of reaching his RCP and not as a result of any physical disability.  He was, therefore, granted “separation” not “disability severance” pay, and item 18 on his February 2000 DD Form 214 should be corrected accordingly.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing in item 18 of the applicant’s February 2000 DD Form 214 that he received “separation” pay vice “disability severance” pay.

BOARD VOTE:  

__RVO__  __RJW__  __DPH __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2001063302	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020409	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.