IN THE CASE OF: BOARD DATE: 29 March 2016 DOCKET NUMBER: AR20150008724 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X___ ____X___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 29 March 2016 DOCKET NUMBER: AR20150008724 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ____________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. IN THE CASE OF: BOARD DATE: 29 March 2016 DOCKET NUMBER: AR20150008724 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 $8,737.56 in separation pay. 2. The applicant states, in effect, he was discharged in 1999 with entitlement to separation pay. He never received the separation pay. He has gone back and forth with the Department of Veterans Affairs (VA) for the past 5 years. 3. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Letter from the VA * Letter from the Defense Finance and Accounting Service (DFAS) * Leave and Earnings Statements 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 27 September 1990 and he held military occupational specialty 92G (Food Service Specialist). He served through multiple reenlistments in a variety of assignments and he attained the rank/grade of sergeant (SGT)/E-5. 3. He was honorably discharged from active duty on 10 June 1999 in accordance with paragraph 5-8 of Army Regulation 635-200 (Personnel Separations) by reason of parenthood. His DD Form 214 shows he completed 8 years, 8 months, and 14 days of active service. 4. Item 18 (Remarks) of his DD Form 214 shows he was entitled to half involuntary separation pay (in accordance with Title 10, U.S. Code, section 1174) and was paid the gross amount of $8,737.56. 5. He provides: a. A letter, dated 1 March 2011, from the VA indicating that a monthly amount is being withheld from his VA service-connected disability pay as recoupment of separation pay. b. Two letters, dated 6 October 2014 and 14 August 2013, from DFAS to the VA verifying and confirming that the applicant's master military pay account (MMPA) shows he was authorized the gross amount of $8,737.56 of separation pay and that the amount of $2,446.57 was withheld for federal taxes. The actual amount received may also have been different due to state taxes and/or any other deductions prior to his separation. c. Leave and Earnings Statements from September to December 1998. 6. An email dated 10 September 2015 from DFAS confirmed that the applicant was paid readjustment (separation) pay in the amount of $8,737.56. REFERENCES: 1. Department of Defense (DOD) Instruction 1332.29 and the Department of Defense Military Pay and Allowances Entitlements Manual (DODPM) establish eligibility for and payment of separation pay. Section B in chapter 4 of the DODPM contains information for determination of entitlement to non-disability separation pay. 2. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training. Item 18 is used for Department of the Army mandatory requirements when a separate block is not available. For a Soldier receiving separation/readjustment or non-disability severance pay (as indicated by the finance office), the regulation mandates the type of pay and amount shall be entered. This amount is always the gross amount of pay. DISCUSSION: 1. The ABCMR corrects military records; it is not a pay master. In the event a member is entitled to pay and allowances as a result of a record correction, a copy of the Record of Proceedings is forwarded to DFAS for appropriate action. At the end, DFAS is the pay master. 2. The applicant here is asking for payment of separation pay. The evidence shows he was authorized half separation pay in the amount of $8,737.56 when he was discharged in 1999. DFAS confirmed this amount on three separate occasions. This amount is the gross amount that was reduced by federal taxes, and possibly state taxes and other deductions. 3. The applicant provides his Leave and Earnings Statements from September to December 1998. He was discharged in June 1999. It is likely his Leave and Earnings Statement for the month of June 1999 would have explained his gross and net pay at the time. It is also likely a statement of account was issued to him during separation outprocessing explaining his credits and debits. The available evidence does not indicate there was an error or an injustice. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008724 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008724 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2