IN THE CASE OF:	  

		BOARD DATE:	   16 February 2016

		DOCKET NUMBER:  AR20150007924 


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 reconsideration of his previous request for the removal of the entry SEPARATION PAY -- $41,170.14 from his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, he is providing a new argument that was not previously considered.  

3.  The applicant provides his DD Form 214, seven bank account statements, a letter from the Department of Veterans Affairs, and his 2013 Form W-2 (Wage and Tax Statement).

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140007618, on 27 January 2015.

2.  As a new argument, the applicant states he never received the separation pay; it was recouped by the Army for reenlistment bonuses [owed].  The statement on his DD Form 214 means the Department of Veterans Affairs (VA) cannot pay him his VA pension and compensation until an equal amount is recouped.  This is causing him financial hardship because he actually never received the full amount of separation pay shown on his DD Form 214.

3.  The applicant enlisted in the Regular Army on 29 October 1996 and served though several reenlistments and/or extensions.  

4.  He was honorably discharged on 16 April 2013 by reason of alcohol rehabilitation failure.  Item 18 (Remarks) of his DD Form 214 contains the entry "SEPARATION PAY -- $41,170.14."  

5.  Item 26 (Separation Code) of his DD Form 214 contains the entry "JPD" indicating he was involuntarily separated under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations). 

6.  In the processing of this case, an advisory opinion, dated 5 October 2015, was received from the Office of the Deputy Chief of Staff, G-1.  The advisory official recommended denial of the applicant's request and stated, in part:

   a.  The applicant was entitled to separation pay and the entry showing this pay in item 18 of his DD Form 214 is correct.  In coordination with the Defense Finance and Accounting Service (DFAS), the enclosed snapshot shows the gross separation payment of $41,170.00 was received by the applicant in his Master Military Pay Account (MMPA).
   
   b.  Of the total $41,170.00, $10,292.54 was withheld for Federal Income Tax Withholding (FITW) and $3,211.27 in State ITW (SITW).  When computing his final pay, DFAS applied his separation pay to all debts that were due the government for bonus and tuition debts.  Once all government debts were satisfied, he received net separation pay of $3,930.23.

7.  On 13 October 2015, the applicant was provided the advisory opinion for information and/or comment; however, no response was received.

DISCUSSION AND CONCLUSIONS:

The evidence of record confirms the applicant received $41,170.00 in gross separation pay, which is correctly shown on his DD Form 214.  After taxes and all government debts were withheld from his final pay, he was properly paid the net amount of $3,930.23.  There is no error or injustice.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20140007618, dated 27 January 2015.



      _______ _   _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)                                         AR20150007924



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150007924



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1