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NAVY | BCNR | CY2006 | 05885-06
Original file (05885-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTIONOF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00


                  TRG
                                                                                 Docket No: 5885-06
                                                                                 2 November 2006
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj RECORD

Ref:     (a) Title 10 U.S.C. 1552
End:     (1) Case Summary
 (2)      Subject’s naval record
1.       Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed an application with this Board requesting a change in his separation code to establish entitlement to full separation pay. The Board, consisting of Mr. , Mr. and Mr.
r eviewed Petitioner’s allegations of error a t h e injustice on 24 October 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.       Although it appears that Petitioner’s application was not filed in a timely manner, it is in the interest of justice to waive the statute of limitations and consider the application on its merits.
c.       Petitioner enlisted in the Navy on 22 December1989 and served on active duty until 21 December 1999, a period of 10 years. During his service he was advanced to petty officer third class (QM3; E-4). He was denied further service because he had reached the high year tenure (HYT) limitation for a petty officer third class.
d.       Because HYT was the only reason Petitioner was not
 permitted to reenlist, he was entitled to full separation pay and
it appears that he received that pay. However, the DD Form 214
issued on 21 December 1999 shows that he was assigned a
 Separation Program Designator (SPD) code of JGH. That code only
allows the payment of one-half separation pay. Accordingly, the
Defense Finance and Accounting Service (DFAS) has concluded that
Petitioner is indebted to the government.
e.       Petitioner states that he believed the indebtedness had been resolved until he applied for a loan and the amount he owed appeared on his credit report.
f.       Attached to enclosure (1) is an advisory opinion from the Navy Personnel Command which states that Petitioner should have been separated with a code of JBK, which entitle him to full separation pay.
CONCLUSION:
Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action. It is clear that Petitioner was recommended for retention, but was denied further service only because he had reached HYT for a petty officer third class. Sailors in his situation are entitled to full separation pay. Therefore, Petitioner’s record should be corrected as recommended in the advisory opinion to show that on 21 December 1999 he was discharged with an SPD code of JBK.
The Board further concludes that this Report of Proceedings should be filed in Petitioner’s naval record so that all future reviewers will understand the reason for the correction to his record.
REC OMM ENDAT ION:
a. That Petitioner’s naval record be corrected to show that on 21 December 1999 he was honorably discharged with a SPD code of JBK vice the SPD code of JGH now of record.
b. That 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        ALAN E. GOLDSMITH
Recorder         Acting Recorder


5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 72 3.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.


W.       DEAN PFEIFFER
Executive Dire ctor

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