DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD
ARLINGTON, VA 22204
LCc
Docket No. 11726-11
12 Mar 12
From: Chairman, Board for Correction of Naval Records
Toi Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) CNO memo 7220 Ser N130C4/12U0025, 10 Feb 12
(3) Subject’s naval record
1. Pursuant to the provisions of reference (a) Subject, hereinafter
referred to as Petitioner, filed enclosure (1) with this Board
requesting, in effect, that the applicable naval record be corrected
to show Petitioner was entitled to payment of separation pay when he
was discharged.
2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on
27 February 2012 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. In correspondence attached as enclosure (2), the office
having cognizance over the subject matter addressed in Petitioner's
application has commented to the effect that the request 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.
Docket No. 11726-11
RECOMMENDATION :
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. a. On 1 October 2011, Petitioner completed an Immediate
Reenlistment Contract, NAVPERS Form 1070/601, and reenlisted for three
(3) years in the IRR. The three year contract is in addition to any
other remaining service obligation.
(NOTE: NPC PERS-93 will create the Reserve Contract document as well
as facilitate his gain into the IRR and make the required distribution
of the contract based on this action. )
b. Petitioner was authorized the payment of “full” separation
pay when he was discharged on 30 September 2011.
(NOTE: Petitioner has already received one-half of the separation pay
for which he is entitled. The separation pay described above will be
offset by any Veteran's Disability Compensation to which Petitioner is
or becomes entitled.)
c. A copy of this Report of Proceedings will be filed in
Petitioner's naval record.
4. 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.
justean- 4
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.
12 March 2012
W. DEAN PFEIFFER
Executive Director
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