DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 10339-10
6 June 2011
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
Subj}: REVIEW OF NAVAL RECORD ICO ee
Ref: (a) Title 10 U.S.C. 1552
Enel : (1) DD Form 149 w/attachments
(2) Headquarters Marine Corps (HOMC) memo 1040 MMEA of
2 May 11
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a) Petitioner,
filed enclosure (1) with this Board requesting, in effect, that
the applicable naval record be corrected to show that he was
entitled to half separation pay at the time of separation from
active duty service.
2. The Board, consisting of Messrs. Pfeiffer, Exnicios, and
George reviewed Petitioner's allegations of error and injustice
on 31 May 2011 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 was released from active duty on 12 August
2010, after serving 11 years, and 8 months of active duty
service due to his failure to maintain Marine Corps height and
weight standards.
Docket: 10339-10
c. Petitioner received an honorable discharge and was
assigned a reenlistment code of RE-3P. Under Marine Corps Order
(MCO) 1040.31 he was eligible for half separation pay prIOF tO
his discharge from active duty service. However, a request for
separation pay determination was never officially submitted to
Headquarters Marine Corps.
d. In September 2010, Petitioner submitted an application
with this Board seeking half separation pay.
e. In correspondence attached as enclosure (2), the office
having cognizance over USMC separation pay has commented to the
effect that the request for half separation pay has merit and
warrants favorable action.
CONCLUSION
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board
finds the existence of an injustice warranting the following
corrective action.
RECOMMENDATION :
That Petitioner’s naval record be corrected, where appropriate,
to show that:
a. Petitioner is entitled to half separation pay for his
release from active duty on 12 August 2010, based on the years
of active service actually completed.
b. That a copy of this Report of Proceedings be filed. im
Petitioner’s naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6 (c) it is certified that 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 WILLIAM J. 4 TLL
Recorder Acting Recorder
Docket: 10339-10
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 723.6 (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.
6 June 2011
Foz DEAN PFEEFFER
Executive Director
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