ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE: 9 April 2021
DOCKET NUMBER: AR20180011186


APPLICANT REQUESTS: correct DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show he received separation pay in the amount of
$7,015.15 instead of $16,791.54 for active duty separation.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Defense Finance and Accounting Service (DFAS) Pay voucher
   *	DD Form 215 (Correction to DD Form 214) 
FACTS:
1.	The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records 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 his DD Form 214/215 from 1996 shows he received $16,791.54 
for separation pay. When he separated he only received $7,015.15. He is requesting 
the change so late because he misplaced the supporting document and final finance 
out-processing documents until late 2014.

3.	The applicant's service records contain the following documents for the Board's 
consideration:

   a.	Orders 013-07, published by Heidelberg Transition Center, dated 13 January 
2006, which shows the applicant was released from active duty on 14 February 2006. 
There is no mention of receiving separation pay on the orders.

   b.	His DD Form 214, for the period ending 15 January 1996, which shows he 
received separation pay in the amount of $16,791.54.
   


c.	A DD Form 215, dated 4 February 1997, which deleted his separation pay of
$16,791.54 and added Separation Pay of $16,656.66.

4.	The applicant provides the following documents for the Board's consideration:

a.	His DD Form 214, which was present in his service record.

b.	A DFAS pay voucher, dated 11 January 1996, which shows he was paid
$7,015.74. The voucher does not indicate if this payment was for separation pay or if 
he had received a previous payment for separation pay.

c.	A DD Form 215, which was present in his service record.

5.	The Analyst of Record contacted DFAS to inquire about the applicant's separation 
pay. DFAS responded on 18 August 2020, stating they could not find separation pay for 
the applicant; however, they found separation/readjustment pay in the amount of
$8,227.68.

6.	The Analyst of Record contacted DFAS to inquire about the computation of the 
applicant's computation of the applicant's separation pay. They responded on 24 
September 2020 and included the computation worksheet, which is in the supporting 
documents.

7.	See applicable references below.


BOARD DISCUSSION:

The Board carefully considered the applicant’s request, supporting documents, 
evidence in the records and regulatory guidance. Based upon the documentation 
available for review, the Board found that the presumption of administrative regularity 
was not applicable in this case, that an administrative error did exist and, therefore, 
relief is warranted.



BOARD VOTE:

Mbr 1
Mbr 2
Mbr 3

:XX
:XXX
:XXX
GRANT FULL RELIEF
:
:
:
GRANT PARTIAL RELIEF
:
:
:
GRANT FORMAL HEARING
:
:
:
DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 issuing a DD215 
reflecting the correct amount of separation pay received, amount shown in the DFAS 
pay voucher, dated 11 January 1996.

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.



REFERENCES:


1.	Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.	Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its 
consideration of each case with the presumption of administrative regularity. The 
applicant has the burden of proving an error or injustice by a preponderance of the 
evidence.

2.	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.

3.	Department of Defense Instruction (DODI) 1332.29 (Involuntary Separation Pay 
(Non-Disability) states a Service member being involuntarily separated by the Military 
Service concerned through either the denial of reenlistment or the denial of continuation 
on active duty or in an active service who is fully qualified for retention, but is denied 
reenlistment or continuation by the Military Service concerned is entitled to full 
separation pay. This includes a Service member who is eligible for promotion as 
established by the Secretary of the Military Department concerned, but is denied 
reenlistment or continuation on AD/AS by the Military Service concerned under 
established promotion or high year of tenure policies. The Service member, having 
been denied reenlistment or continuation on AD/AS by the Military Service concerned 
accepts an earlier separation from AD/AS.

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