MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 June 2003       
	DOCKET NUMBER:   AR2002081501

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. William D. Powers		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 he be paid disability severance pay that was authorized at the time of his discharge.

APPLICANT STATES:  In effect, that he never received disability severance pay ($1657.20) as reflected on his DD Form 214 (Report of Separation from Active Duty).  In support of his application, he submits a letter, dated 25 June 2002, from Defense Finance and Accounting Service (DFAS); enclosures pertaining to provisions of the Barring Act; a letter, dated 3 April 2002, from the Review Board Agency; a letter, dated 4 February 2002, from the National Personnel Records Center; and a copy of his DD Form 214.     

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

The applicant enlisted on 19 July 1973 for a period of 4 years.  He trained as a field artillery crewman and was honorably discharged on 7 May 1975 under the provisions of Army Regulation 635-40 for physical disability with severance pay.

Item 24 (Disability Severance Pay) on the applicant's DD Form 214 shows entitlement to $1657.20.

A message, dated April 1975, from the U.S. Army Military Personnel Center, shows the applicant was authorized severance pay in grade specialist four with a disability rating of 20 percent.  

U.S. Army Medical Department Activity Special Orders Number 75, dated 2 May 1975, show the applicant was discharged on 7 May 1975 and that he was authorized severance pay.

In 2002, the applicant petitioned DFAS for payment of his disability severance pay.  On 25 June 2002, DFAS informed the applicant that his military records had been destroyed and they would be unable to determine the status of his disability severance pay.  Based on the non-availability of records, his claim was denied.  DFAS also pointed out the six years statute of limitations concerning claims.  Section I of the Barring Act of 1940, as amended by 31 U.S.C. 3702, states that a claim is barred unless it is received within 6 years after the date the claim first accrued. 

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 Board considered the applicant's contention that he never received disability severance pay.  However, the applicant has provided no proof that he did not receive disability severance pay.   

2.  The applicant's DD Form 214 and his discharge orders show that he was authorized disability severance pay.  

3.  The applicant's 28-year delay in seeking assistance, and the law governing consideration of claims, make it virtually impossible to establish his entitlement to the payment now and prevents approval of his application.

4.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request. 

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

6.  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

JNS____  LEM_____  WDP____  DENY APPLICATION

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

INDEX

CASE ID	AR2002081501	
SUFFIX		
RECON		
DATE BOARDED	20030619	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.0800	
2.		
3.		
4.		
5.		
6.