DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD
ARLINGTON, VA 22204
DIC
Docket No. 6623-12
10 Oct 12
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub}: REVIEW OF NAVAL RECORD TCO
Ref: (a) Title 10 u.§.c, 1552
Encl: (1) DD Form 149 w/attachments
2) CNP Memo 7220 Ser N130C4/12U1101 dtd 21 Sep 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.
RECOMMENDATION:
show that:
of the Certificate of Release or
Block 26 (Separation Code)
Feb 2000), executed on or
(pp Form 214,
ed to read “JBK" vice ‘“KBK".
a.
Discharge from Active duty
about 9 May 2010 is modifi
b. The Petitioner executed a 3 year immediate reenlistment
contract (NAVPERS 1070/601), operative on or about 10 May 2010. Note:
full payment of non-disability separation pay 4s authorized to the
member who has e eement with the Navy to serve
in the Ready Reserve less than 3 years following
the separation from active duty. s in addition to any
other remaining service obligation.
This contract 4)
e the Reserve Contract document
into the Individual Ready
f the contract based
Note: NPC PERS-93 will creat
e the Petitioner's gain
ke the required distribution 0
e.
as well as facilitat
Reserve (IRR) and ma
on this action.
rized payment of "full" Involuntary
da. Petitioner was autho
discharged on 9 May 2010.
Separation Pay (ISP) when he was
cribed above will be offset by
e. Note: the separation pay des
to which Petitioner is or becomes
any Veterans Disability Compensation
entitled.
f. A copy of this Report of proceedings will be filed in
Petitioner's naval record.
sent at the Board's review and
It is certified that quorum was pre
mplete record of
and that the foregoing is a true and co
the above entitled matter.
[Maan 2
ROBERT D. 7SALMAN WILLIAM J. HESS, Til
Acting Recorder
4.
deliberations,
the Board’s proceedings in
tion of authority set out in Section 6 (e)
£ the Board for Correction of Naval Records
Section 723.6(e)) and having assured
it is hereby announced that the
er the authority of reference
cretary of the
Bes Pursuant to the delega
of the revised Procedures oO
(32 Code of Federal Regulations,
compliance with its provisions,
foregoing corrective action, taken und
(a), has been approved by the Board on behalf of the 5e
— TD
\
TO Oct. 12
r2_W. DEAN PFEIFFER
Executive Director
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