DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
The CRAY OTL Pe yam ater aane
Pee etre de bet RE ee Net
ARUNGTON, VA 22204-2490
BIC
Docket No. 7293-12
14 Aug 13
From: Chairman, Boar@ for Correction of Neval 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 Ni30C4/1300715 dtd 6 Aug 13
(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. Zsalman, Mr. Exnicios, and
Mr. George, reviewed Petitioner’s allegations of error and injustice
on 13 August 2013 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 foliows:
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. 7293-12 _
RECOMMENDATION
That Petitioner's naval record. be corrected, where appropriate, to
show that: - :
‘a. The Certificate of Release or Discharge from Active duty
. (DD Form 214, Aug 2009}, executed on. or about 19 June 2012, is
modified to read block 26. (Separation Code) "“JBK” vice “MBK”..
f b.:. Petitioner executed a 3-year immediate reenlastment- o24/: .:
contract (NAVPERS 1070/601), operative on or about 20 June 2012....
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. Furthermore, any
other immediate reenlistment contract executed by the Petitioner for
the purpose of an Individual Ready Reserve agreement is null and void.
c. Note: in those cases where a member is entitled to an ©
Individual Ready Reserve (IRR) Contract, PERS-93 will create the
' Reserve Contract document as well as facilitate the Petitioner's gain
into the IRR, and will make the required distribution of the contract
based on this action.
ad. Petitioner was. authorized payment of "full" Involuntary
Separation Pay (ISP) when he was discharged on 19 June 2012.
e. Note: the separation pay described above will be offset by
any Veterans Disability Compensation to which Petitioner is or becomes
entitled.
£. 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.
, | Bite | Lontepnry
ROBERT D. ZSALMAN BRONTE I. MONTGOMER
Recorder Acting Recorder
Docket No. 7293-12
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. © te Sa ne I Bt
‘14 Aug 13.-- a - TR DS Kaa
ex Wl DEAN PFPELFFER
Executive Director
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