DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5700
BAN
Docket No. 02531-11
18 July 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD que.
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Office of the Chief of Naval Operations memo 1900 Ser
N130C/1100377 of 5 May 11
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 his separation
from active duty service.
2. The Board, consisting of Messrs. efeiffer, Zsalman, and
George reviewed Petitioner's allegations of error and injustice
on 18 July 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.
ob. Petitioner was involuntary separated from active duty on
28 February 2011, after serving 11 months, and 6 months, of
active duty service by secretarial authority.
c. Petitioner received an honorable discharge. Under the
naval instruction OPNAVINST 4900.4 and 10 U.S.C. Sec 1174, he
BR
Docket: 02531-11
was eligible for full separation pay prior to his discharge from
active duty service.
d. In March 2011, Petitioner submitted an application with
this Board seeking full separation pay.
e, In correspondence attached as enclosure (2), the office
having cognizance over naval 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
involuntary release from active duty on 28 February 2011, based
on the years of active service actually completed.
b. 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.
tatban f
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
2
Docket: 02531-11
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.
les S |
W. DEAN PFE R
Executive Dir °
18 July 2011
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