PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            21 November 2002
	DOCKET NUMBER:   AR2002077076

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Thomas Lanyi		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 his report of separation (DD Form 214) be corrected to reflect the correct of amount of disability separation pay/compensation he received at the time of his discharge. 

3.  The applicant states, in effect, that he received $13,442.40 in disability compensation; however, at the time of his discharge, his DD Form 214 incorrectly reflected that he received $134420.40.  In support of his application he submits a copy of his disability compensation worksheet, a copy of his DD Form 214, and a copy of his bank transaction summary showing the deposit of his compensation payment after taxes. 

4.  The applicant’s military records show that he enlisted in the pay grade of E-4, in Brooklyn, New York, on 29 January 1998, for a period of 5 years, training as a visual information/audio equipment repairer, and enrollment in the college loan repayment program.

5.  He completed his training and remained on active duty until he was honorably discharged on 26 May 2002, under the provisions of Army Regulation 635-40, for disability with entitlement to severance pay.  He had served 4 years, 3 months and 28 days of total active service and his DD Form 214 indicates that he received $134420.40 in disability severance pay. 

6.  The Physical Evaluation Board Liaison Officer (PEBLO) Estimated Disability Compensation Worksheet (DA Form 5892-R) provided by the applicant with his application, shows that he was entitled to an estimated (10%) disability severance pay of twice his base pay of $1680.30 ($3360.60), multiplied by 4 years of service (12 Years is the maximum limit).  The total indicated was $13,442.40. 

7.  The banking transaction summary provided by the applicant shows that on 6 June 2002, a deposit was made to his account by the Defense Finance and Accounting Service (DFAS) – Indiana, in the amount of $11,733.75.

8.  If the applicant had received the maximum severance pay allowed for 12 years of service he would have received $40,327.20 

CONCLUSIONS:

1.  It is apparent from the available evidence that an administrative error at the time of separation resulted in an incorrect amount of severance pay being entered on the applicant’s DD Form 214.  Even had the applicant received the maximum amount allowed, it would not come close to the amount indicated on his DD Form 214.

2.  Accordingly, it would be in the interest of justice at this time to correct his DD Form 214 to show that he received $13,442.40 in disability severance pay, instead of the amount of $134420.40 that is currently reflected on that form.

3.  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 that the individual concerned received $13,442.40 in disability severance pay instead of $134420.40, as currently reflected on his DD Form 214.

BOARD VOTE:  

__fe____  _le______  ___tl____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred Eichorn  ______
		        CHAIRPERSON

INDEX

CASE ID	AR2002077076	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/11/21	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  291	128.0800/SEV PAY	
2.  189	110.0000/CORR 214	
3.		
4.		
5.		
6.