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NAVY | BCNR | CY2004 | 09642-04
Original file (09642-04.rtf) Auto-classification: Approved
                 DEPARTMENT OF THE NAVY
                   BOARD FOR CORRECTION OF NAVAL RECORDS
                   2 NAVY ANNEX
         WASHINGTON DC 20370-5100       



                                    JRE
                                                                                  Docket No. 09642-04
          21 February 2006
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVIEW OF NAVAL RECORD OF FORMER

Ref:     (a) 10 U.S.C. 1552
En cl :    (1) Subjects naval record
 (2) HQMC memo 1741 MMSR-6, 3 Aug 05
1.       Pursuant to the provisions of reference (a) , Petitioner applied to this Board requesting, in effect, that his naval record be corrected to show that he completed six months or active duty service, and that he be paid disability severance pay and issued a “final” DD Form 214.
2. The Board, consisting of and reviewed Petitioner’s allegations of error and injustice on 16 February 2006 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies.

3.       The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice finds as follows:
a.       Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.
b.       Petitioner’s application to the Board was filed in a timely manner.

c.       Petitioner enlisted in the Marine Corps Reserve on 12 January 1999, and served on active duty for training from 8 March to 14 August 1999. He was discharged by reason of physical disability on 6 October 2003, with a disability rating of 10%.

d . In correspondence attached as enclosure (2), an official assigned to Headquarters, u.s. Marine Corps, advised the Board, in effect, that Petitioner was issued a DD Form 214 on 14 August 1999. That form is issued only upon a service member’s release from active duty. Petitioner was not entitled to DD Form 214 on 6 October 2003, because he was not released from active duty on that date. He did not qualify for disability severance pay, which requires a minimum of six months of active duty, because he completed only 5 months and 6 days of active duty. The author of the opinion recommended that the order announcing Petitioner’s discharge be corrected to show that he was discharged by reason of physical disability, with a separation authority of “Pl900.16F, par 8401” and a separation code of JFL1.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner has failed to demonstrate that he completed six months or more of active duty service; however, it appears that he may have completed the equivalent of six months of service for the purpose of computing his entitlement to disability severance pay. Accordingly, that portion of his request will be referred back to the Marine Corps for further action and possible referral to the Defense Finance and Accounting Service. The Board concludes that as the reason and authority for Petitioner’s discharge is not accurately reflected in his record, the following corrective action is recommended.
RECOMMENDATION:
a.       That Petitioner’s naval record be corrected to show that he was discharged by reason of physical disability on 6 October 2003, with a separation authority of “P1900.16F, par 8401” and a separation code of JFL1.
b.       That officials of Headquarters, U.S. Marine Corps review Petitioner’s record to determine whether or not he completed sufficient service, as computed in accordance with DOD Financial Management Regulations volume 7A, paragraphs 35043A and D, to qualify for disability severance pay.
c.       That so much of Petitioner’s request for correction of his record as exceeds the foregoing be denied.
d. That a copy of this Report of Proceedings be filed in Petitioner’s naval record.







4. It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter.

ROBERT D. ZSALMAN        JAMES R. EXNICIOS
Recorder         Acting Recorder

5. Pursuant to the delegation of authority set out in Section 5e of the Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6CONMANDi~T OF THE MARINE CORPS (CODE MMER)), and having ensured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the provisions of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.

W.       DEAN PFEIFFER
Executive Direc tor

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