IN THE CASE OF: BOARD DATE: 1 July 2008 DOCKET NUMBER: AR20070019040 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his records be corrected to show he was paid disability severance pay at the E-4 rate. 2. The applicant states that on 15 June 2006 the Army Grade Determination Review Board determined that the highest grade in which he served satisfactorily for the purpose of computation of disability retirement or separation was Specialist, E-4. 3. The applicant provides revised Physical Evaluation Board (PEB) proceedings; a letter, dated 10 July 2006, from the U. S. Army Physical Disability Agency (USAPDA); a letter, dated 15 June 2006, from the Army Review Boards Agency, Military Review Boards; and his DD Form 214 (Certificate of Release or Discharge from Active Duty). CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 23 June 1998. 2. The applicant apparently was reduced from Specialist, E-4 to Private First Class, E-3 on 1 February 2006. 3. On 27 April 2006, a PEB found the applicant to be unfit by reason of chronic bilateral knee pain and recommended he be separated with a 20 percent disability rating and severance pay. The original PEB proceedings are not available. 4. Orders dated 6 June 2006 discharged the applicant by reason of physical disability and indicated he was authorized disability severance pay in pay grade E-3 based on 7 years, 11 months, and 24 days of service. 5. On 15 June 2006, the Army Grade Determination Review Board determined that the highest grade in which the applicant served satisfactorily for the purpose of computation of disability retirement or separation pay was Specialist, E-4. 6. The applicant’s DD Form 214 shows that on 16 June 2006 he was discharged, in the rank and grade of Private First Class, E-3, by reason of physical disability after completing 7 years, 11 months, and 24 days of creditable active service. 7. On 6 July 2006, the USAPDA revised the applicant’s PEB proceedings to show the Army Review Boards Agency determined that his highest grade in which he satisfactorily served for the purpose of computation of disability severance pay was Specialist, E-4. 8. Title 10, U. S. Code, section 1212(a)(B), provides that any member who is separated for disability is entitled to disability severance pay computed by multiplying his years of service, but not more than 12, by twice the amount of monthly basic pay to which he would be entitled if serving (i) on active duty on the date when his name was placed on the Temporary Disability Retired List, or if his name was not carried on that list, on the date when he is separated, and (ii) in any temporary grade or rank higher in which he served satisfactorily as determined by the Secretary of the military department concerned. DISCUSSION AND CONCLUSIONS: 1. In April 2006, a PEB found the applicant to be unfit and recommended he be separated with disability severance pay. On 6 June 2006, orders were issued indicating he was authorized disability severance pay in pay grade E-3 based on 7 years, 11 months, and 24 days of service. 2. It appears the applicant had previously held the rank and grade of Specialist, E-4, and on 15 June 2006 the Army Grade Determination Review Board determined that the highest grade in which he served satisfactorily for the purpose of computation of disability separation pay was Specialist, E-4. The applicant was discharged from the Army 1 day later, on 16 June 2006. 3. The applicant’s DD Form 214 properly shows he separated in the rank and grade of Private First Class, E-3. However, had there been time, his separation orders should have been amended to indicate he was authorized disability severance pay in pay grade E-4 based on 7 years, 11 months, and 24 days of service. BOARD VOTE: __xxx___ __xxx___ __xxx___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his discharge orders, dated 6 June 2006, to show he was authorized disability severance pay in pay grade E-4 based on 7 years, 11 months, and 24 days of service and paying to him any severance pay due him as a result of this correction. XXX _______________________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20070019040 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20070019040 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1