DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket: 00907-11
19 April 2011
Chairman, Board for Correction of Naval Records
Secretary of the Navy
REVIEW OF NAVAL RECORD
(a) Title 10 U.S.¢€. 1552
(1) DD Form 149 w/attachments
(2) Headquarters Marine Corps (HOMC) memo 1040 MMEA of
28 Mar 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
separation pay at the time of separation from active duty service.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and George
reviewed Petitioner’s allegations of error and injustice on 18 April
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 14 December 2010,
after serving 8 years, 3 months and 10 days of active duty service due
to reaching his Enlisted Career Force Controls.
c. Petitioner received an honorable discharge and was assigned a
reenlistment code of RE-1A. Under Marine Corps Order (MCO) 1040.31 he
was eligible for half separation pay prior to his discharge from
active duty service. However, a request for separation pay
determination was never submitted to Headquarters Marine Corps.
Docket: 00907-11
d. In January 2011, Petitioner submitted an application with this
Board seeking 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 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 14 December 2010, based on the years of active
service actually completed.
b. Issue DD Form 215 to change block 26 to DD Form 214 to reflect
“JGH3"” vice “KBK1 and change block 28 to read “INVOL DIS - HIGH YEAR
TENURE NON RETENTION ON ACTIVE DUTY” vice “COMPLETION OF REQUIRED
ACTIVE SERVICE”.
c. That a copy of this Report of Proceedings be filed in
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.
‘£6
ROBERT D. ZSALMAN WILLIAM J. HESS, III
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 723.6(e)) and having assured
compliance with its provisions, it is hereby announced that the
Docket: 00907-11
foregoing corrective action, taken under the authority of reference
(a), has been approved by the Board on behalf of the Secretary of the
Navy.
19 April 2011
RBS Foe
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"WwW. DEAN PFEIFFER
Executive Director
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