DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No. 01364-11
6 June 2011
From: Chairman, Board for Correction of Naval Records
Tot Secretary of the Navy
Subj}: REVIEW OF NAVAL RECORD ICO nee re
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Headquarters Marine Corps (HOMC) memo 1040 MMEA of
28 Apr il
(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 full 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 7 December
2010, after serving 8 years, 10 months, and 27 days of active
duty service due to exceeding the Enlisted Career Force
Controls.
Docket: 01364-11
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 full separation pay prior to
his discharge from active duty service. However, a request for
separation pay determination was never officially submitted to
Headquarters Marine Corps.
d. In February 2011, Petitioner submitted an application
with this Board seeking full 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 full 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 full separation pay for his
release from active duty on 7 December 2010, based on the years
of active service actually completed.
b. Petitioner’s separation code is changed to reflect
“JBK1” vice “KBK1".
c. Petitioner's narrative reason for separation is changed
to reflect “Involuntary Discharge (No Board) Completion of
Active Service” vice “Completion of Required Active Service”.
d. 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
Docket: 01364-11
foregoing is a true and complete record of the Board's
proceedings in the above entitled matter.
bttLtan- Ale
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 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
Te RD, Ri pce
Ye_yw DEAN PFEIFFER
Executive Director
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