IN THE CASE OF:	  

		BOARD DATE:	  21 July 2011

		DOCKET NUMBER:  AR20110000572 


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 correction his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 February 2004 to show he received $16,208.10 of disability severance pay instead of the $27,237.60 that is currently shown on his DD Form 214.

2.  The applicant states he actually received $16,208.10 in severance pay.  He states he did not see this as an issue until he realized the Department of Veterans Affairs (VA) was still withholding his benefits until he repaid his severance pay.  He states this was based on the amount of $27,237.60 shown on his DD Form 214, a difference of $11,029.50.  He adds that he provided his bank deposit records for the months surrounding the severance pay deposits of $12,966.48 on 17 February and $3,241.62 on 20 February 2004.

3.  The applicant provides his DD Form 214 and a bank transaction printout.

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 enlisted in the Regular Army on 19 March 2002.  He completed initial entry training and he was awarded military occupational specialty 92A (automation logistical specialist).  The highest rank/grade he attained was specialist (SPC)/E-4.

3.  He was honorably discharged from active duty on 4 February 2004.  He completed 1 year, 10 months, and 16 days of active service during the period covered by the DD Form 214 in question and 4 years of prior active service.

4.  His DD Form 214 in question shows in item 18 (Remarks) disability severance pay in the amount of $27,237.60.

5.  The Defense Finance and Accounting Service (DFAS) confirmed that per the applicant's Master Military Pay Account (MMPA), he received $22,698.00 in disability severance pay.

DISCUSSION AND CONCLUSIONS:

The actual amount of severance pay the applicant claims he received was undoubtedly less than the amount indicated by DFAS.  However, this would have been due to the withholding of taxes and possibly other deductions.  However, based on the DFAS confirmation that he received $22,698.00 in disability severance pay, it appears the severance pay shown on his DD Form 214 in question is in error.  As such, it would be appropriate to correct item 18 of his
DD Form 214 to show disability severance pay of $22,698.00.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 18 of his DD Form 214 for the period ending 4 February 2004 the entry "DISABILITY SEVERANCE PAY - $27,237.60" and replacing it with the entry "DISABILITY SEVERANCE PAY - $22,698.00."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending item 18 of his DD Form 214 for the period ending 4 February 2004 to show severance pay of $16,208.10.



      ___________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)                                         AR20110000572



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110000572



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1