DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD
ARLINGTON, VA 22204
DIC
Docket No. 400-12
16 Oct, 12
From: Chairman, Board for Correction of Naval Records
Tor 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) CNP Memo 7220 Ser N130C4/12U1026 dtd 28 Aug 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 Involuntary Separation
Pay (ISP) when he was discharged.
2, The Board, consisting of Mr. pfeiffer, Mr. Zsalman, and
Mr. Exnicios, reviewed Petitioner’s allegations of error and injustice
on 9 October 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. 400-12
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, to
show that:
a. Block 26 (Separation Code) of the Certificate of Release or
Discharge from Active duty (DD Form 214, Aug 2009), executed on or
about 17 December 2011 is modified to read “JBK” vice “KBK".
b. The Petitioner executed a 3 year immediate reenlistment
contract (NAVPERS 1070/601), operative on or about 18 December 2011.
Note: full payment of non-disability separation pay is authorized to
the member who has entered into a written agreement with the Navy to
serve in the Ready Reserve for a period of not less than 3 years
following the separation from active duty. This contract is in
addition to any other remaining service obligation.
c. Note: NPC PERS-93 will create the Reserve Contract document
as well as facilitate the Petitioner's gain into the Individual Ready
Reserve (IRR) and make the required distribution of the contract based
on this action.
payment of "full" Involuntary
d. Petitioner was authorized
harged on 17 December 2011.
Separation Pay (ISP) when he was disc
described above will be offset by
e. Note: the separation pay
which Petitioner is or becomes
any Veterans Disability Compensation to
entitled.
f. 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.
WILLIAM J. HESS, III
ROBERT D. ZSALMAN
, Acting Recorder
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.
TR DS, ee:
10 Oct 12
Con_W. DEAN PFEIFFER
Fxecutive Director
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