DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 7001
ARLINGTON, VA 22204-2490
DIC
Docket No. NR1302-13
15 Apr 14
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: Si .
ee
Ref: fa) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) CNP memo 7220 Ser N130C/14U0289 dtd 24 Mar 14
{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. George, and
Mr. Ruskin, reviewed Petitioner’s allegations of error and injustice
on 14 April 2014 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. NR1302-13
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 9 February 2012, is modified
to read block 26 (Separation Code) “JBK" vice “JGH”, and block 28
(Narrative reason for separation) “COMPLETION OF REQUIRED ACTIVE
SERVICE” vice “NON-RETENTION ON ACTIVE DUTY”.
b. Petitioner executed a 3 year immediate reenlistment contract
{NAVPERS 1070/601), operative on or about 10 February 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 9 February 2012.
e. Note: the separation pay described above will be offset by
any Veterans Disability Compensation to which Petitioner is or becomes
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.
ROBERT D. ZSALMAN BRONTE I. MONTG@MER
Recorder Acting Recorder
Docket No. NR1302-13
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.
15 Apr 14 TW eR fe nad
ZSALMAN
ROBERT D.
Acting Executive Director
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