DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS —
701 §. COURTHOUSE ROAD, SUITE 1601
ARLINGTON, VA 22204-2490
DIC
Docket No. NR56i7-13
17 Jun 14
From: ‘Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub}:
Ref: (a) Title 10 U.S.C. 1552
Enel: (1) DD Form 149 w/attachments
(2) HOMC memo 5420 MMEA dtd 23 May 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, and modify reentry code.
2. The Board, ‘consisting of Mr. Zsalman, Mr. George, and Mr. Ruskin,
reviewed Petitioner's allegations of error and injustice on
16 June 2014 and, pursuant to its regulations, determined that the
corrective action indicated pelow should be taken on the available
evidence of record. Documentary material considered by the Board
consisted of the enclosures, naval yecords, and applicable statutes,
regulations and policies.
2. 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 partial
corrective action:
Docket Ne. NR5617-13
a. The Petitioner was discharged on 30 June 2013 for Compietion
of Required Service (denied further service) .
b. Per Marine Corps Total Force system (MCTFS), Petitioner took
his last physical fitness test (PFT) on 26 April 2012.
c. MCO 6100.13 CH 1 dated 1 August 2008 states the following:
"Marines are required to complete a PFT during the annual period
preceding their EFAS or retirement date, unless otherwise directed.
The terminal leave date will not be utilized to determine PFT
requirements."
d. MCO 1040.31 dated 8 September 2010 states the following: "A-
Marine who satisfies the basic eriteria and is denied further service
will be evaluated for the level of separation pay based on the
following checklist. A Marine must. satisfy all the conditions (the
yes biock must be checked) in order to qualify for full separation
pay. If, for any reason, a "no" block is checked, the maximum
entitlement a Marine may receive is half separation pay."
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 30 June 2013, is modified to
read block 26 {Separation Code) “JGH3" vice “KBK1", block 27 (Reentry
Code} “RE-1C" vice “PE-30", and block 28 (Narrative reason for
separation) “NON-RETENTION ON ACTIVE DUTY” vice “COMPLETION OF
REQUIRED ACTIVE SERVICE”.
b. Petitioner was authorized payment of "half" Involuntary
Separation Pay (ISP) when he was discharged on 30 June 2013.
c. Note: the separation pay described above will be offset by
any Veterans Disability Compensation to which Petitioner is or becomes
entitled.
d. That part of the Petitioner's request for corrective action
that exceeds the foregoing is denied.
-e. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.
Docket Ne. NR5617-13
4. tt is certified that quorum was present at the Board's review and
deliberations, and that the foregoing ig a true and complete record of
the Board's proceedings in the above entitled matter.
Burnt | Landon
ROBERT D. ZSALMAN BRONTE I. MON onmay
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.
17 dun 14 Ted D> Km
ROBERT D. ZSALMAN
Acting Executive Director
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