BOARD DATE:  13 August 2020

		DOCKET NUMBER:  AR20170007945


APPLICANT REQUESTS:  he receive full involuntary separation pay in the amount of 
$14,178.60.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code, section 1552(b); however, the ABCMR conducted a substantive review of 
this case and determined it is in the interest of justice to excuse the applicant's failure to 
timely file.

2.  The applicant states the remarks in item 18 of his DD Form 214 (Certificate of 
Release or Discharge from Active Duty) state he was to receive $14,178.60.  He only 
received a little more than $5,000.  This was brought to his attention during a visit to the 
Patriotic Hall, Los Angeles, CA as he inquired for a Veterans Administration small 
business loan. 

3.  A review of the applicant’s service records shows: 

   a.  On 31 July 1997, after having prior enlisted service in the US Navy Reserve, he 
enlisted in the Army National Guard of the United States (ARNG). 
   
   b.  On 15 August 2006, he enlisted in the Regular Army. 
   
   c.  On 11 July 2012, he was honorably discharged from active duty under the 
provisions of Army Regulation (AR) 635-200, Chapter 18, by reason of weight control 
failure.  A copy of his DD Form 214 reflects he completed 5 years, 10 months, and                     
27 days of net active service during this period and 4 years, 1 month, and 25 days of 
previous active service.  In Item 18 (Remarks), it shows he is entitled to Separation Pay 
on the amount of $14,178.60.
   
4.  The applicant did not provide additional documentation for the Board's review.  

5.  The analyst of record received a copy a Master Military Pay Account for the applicant 
from the Defense Finance and Accounting Services (DFAS) office, which indicates in 
line 76 an entry for SEP PAY entitlement for $14,178.60, starting on 11 July 2012.  The 
email from DFAS further stated from the $14,178.60, a deduction of $3,544.65 was 
withheld for federal taxes. 

6.  See applicable regulatory guidance below under REFERENCES.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief 
was not warranted.  The Board found insufficient evidence that the applicant was due 
additional separation pay.  Per the applicant’s DD Form 214, the applicant was entitled 
to receive separation pay in the amount of $14,178.60.  According to DFAS, the 
applicant was paid the $14,178.60, and a deduction of $3,544.65 was withheld for 
taxes.  Per law, taxes will be due on separation pay.  Therefore, the Board found no 
error, inequity or injustice in this case.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.


		  
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.





REFERENCES:

1.  Title 10, United States 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 ABCMR to excuse an applicant's 
failure to timely file within the 3 year statute of limitations if the Army Board for 
Correction of Military Records (ABCMR) determines it would be in the interest of justice 
to do so.

2.  AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military 
records by the Secretary of the Army, acting through the ABCMR.  

a.	Paragraph 2-9 contains guidance on the burden of proof.  It states the ABCMR 
begins its consideration of each case with the presumption of administrative regularity, 
which is that what the Army did was correct.  

b.	The ABCMR is not an investigative body and decides cases based on the 
evidence that is presented in the military records provided and the independent 
evidence submitted with the application.  The applicant has the burden of proving an 
error or injustice by a preponderance of the evidence.  

3.  Title 10 USC 1174 (Separation pay upon involuntary discharge or release from 
active duty) states that a regular enlisted member of an armed force who is discharged 
involuntarily or as the result of the denial of the reenlistment of the member and who 
has completed six or more, but less than 20, years of active service immediately before 
that discharge is entitled to separation pay unless the Secretary of the Army determines 
that the conditions under which the member is discharged do not warrant payment of 
such pay.  The amount of separation pay which may be paid to a member is 10 percent 
of the product of his/her years of active service,12 times the monthly basic pay to which 
he/she was entitled at the time of his/her discharge or release from active duty.  As a 
condition of receiving separation pay under this section, a person otherwise eligible for 
that pay shall be required to enter into a written agreement to serve in the Ready 
Reserve of a Reserve component for a period of not less than three years following the 
person’s discharge or release from active duty.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20170007945


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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