DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 8. COURTHOUSE ROAD, SUITE 100%
ARLINGTON, VA 22204-2490
DIC
Docket No. WNRG379-13
15 dul 14
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
Ref: (a) Title 10 U.S.C. 1552
Enci: (1) DD Form 149 w/attachments
(2) CNP memo 7220, Ser 1130C4/1400497 dtd 30 Apr 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. ysalman, Mr. George, and Mr. Ruskin,
reviewed Petitioner’ s allegations of error and injustice on
14 July 2014 and, pursuant to tts regulations, determined that che
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 Boara, 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 attacned as enclosure (2), the office
having cognizance over the subject matter addressed in Petitioner's
application hag commented to the effect that the request has merit and
warrants favorable action.
CONCLUS TON
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:
4
Docket No. NR9379-13
a. Petitioner was discharged on 25 September 2013 for Completion of
Required Service (High Year Tenure) .
b. Petitioner was reduced from RP2 to RP3 on or about
25 March 2013 per the Personnel Online Listing (POLL), and NAVPERS
1616/26 report period 16 March 2013 to 25 March 2013.
c. OPNAVINST 1900.4 dated 20 December 2005 states the following:
‘Enlisted members separated due to high year tenure will be eligible
for full separation pay, provided they meet the other requirements of
this instruction, and are eligible for advancement at the time of
separation under policies established by the Chief of Naval Personnel
(CHNAVPERS) ."
ad. BUPERSINST 1430.16£ dated 2 November 2007 states the.
following: "Time-in-rate {TIR) for an g-4/E-5 is 12 months."
Furthermore, one eligibility requirement (s) 4¢ the Pass Navy-wide
advancement -in-rate examination. The Petitioner possessed neither the
required time-in-rate nor a passing score on the examination.
RECOMMENDATION :
That Petitioner's naval recora be corrected, where appropriate, to
ghow that:
a. The Certificate of Release or Discharge from Active duty (DD
Form 214, Aug 2009), executed on or about 25 September 2013, is
modified to read block 26 (Separation Code) “JGH” vice \LBK", block 28
(Narrative reason for separation) “NON-RETENTION ON ACTIVE pUTY" vice
“COMPLETION OF REQUIRED BCTIVE SERVICE”.
b. Petitioner executed a 3 year immediate reenlistment
contract (NAVPERS 1070/6001), operative on or about 26 September 2013.
Note: half payment of non-disability separation pay is authorized to
the member who has entered into a written agreement with the Navy Lo
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
anto the IRR,. and will make the required gistribution of the contract
based on this action.
ad. Petitioner was authorized payment of "half" Involuntary
Separation Pay (Ise) when he was discharged on 25 September 2013.
Docket No. NRg379-13
described above will be offset by
e. Wote: the separation pay
nm to which Petitioner is or becomes
any Veterans Disability Compensatio
entitled.
t of the Petitioner's request for corrective action
f. That par
nied.
that exceeds the foregoing is de
g. A copy of this Report of proceedings will be filed in
Petitioner’s naval record.
e Board's review and
ad of
was present at th
going is a true and complete recor
ter.
4. It is certified that quorum
deliberations, and that the fore
the Board’s proceedings in the above entjtled mat
ROBERT D. ZSALMAN BARB A. WAHULAK
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section 6(e)
tion of Naval Records
f the Board for Correc
Section 723.6(e)) and having assured
it is hereby announced that the
der the authority of reference
fF the Secretary of the
of the revised procedures ©
(32 Code of Federal Regulations,
compliance with its provisions,
foregoing corrective action, taken un
ta}, has been approved by the Board on behalf o
Navy.
15 dul 14 TTR ee SE FD
ROBERT D. ALMAN
Acting Executive Director
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