IN THE CASE OF:	  

		BOARD DATE:	  23 February 2010

		DOCKET NUMBER:  AR20090014325 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the correct amount of separation pay he received.

2.  The applicant states that he did not receive the amount of money shown on his DD Form 214.

3.  The applicant provides his DD Form 214 and a letter from the Defense Finance and Accounting Service (DFAS) to the applicant's elected representative dated 28 July 2009.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame 





provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records show that he enlisted in the Regular Army on 14 March 1984, was awarded the military occupational specialties of automated logistical specialist and plumber, and was promoted to pay grade E-5.

3.  On 14 March 1997, the applicant was involuntarily separated at the expiration of his term of service.  His DD Form 214, Item 18 (Remarks), has the entry "//SEPARATION PAY - - $43596.10//."

4.  In the letter submitted by the applicant, DFAS stated that the applicant's      DD Form 214 is incorrect and that he actually received separation pay in the amount of $26,926.24.  The DFAS recommended that the applicant submit a request to the ABCMR to correct the error.

DISCUSSION AND CONCLUSIONS:

The DFAS has verified that the applicant received $26,926.24 separation pay.  As such, the entry pertaining to separation pay contained on his DD Form 214 is in error.

BOARD VOTE:

____x____  ___x_____  ____x____  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 correcting Item 18 of his DD Form 214 by:

	a.  deleting "//SEPARATION PAY - - $43596.10//;" and
	b.  adding "//SEPARATION PAY - - $26926.24//."




      _______ _   __x_____   ___
               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)                                         AR20090014325



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ABCMR Record of Proceedings (cont)                                         AR20090014325



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