DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
DIC
Docket No. NR179-14
17 Jun 14
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: SAA Tea
Ref: (a) Title 10 U.S.C. 1552
ncl: (1) DD Form 149 w/attachments
{2) HOMC memo 5420 MMEA dtd 1 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 she was discharged.
2. The Board, consisting of Mr. Zealman, Mr. George, and Mr. Ruskin,
reviewed Petitioner's allegations of error and injustice on
16 dune 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 enciosure (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 No. NR1i79-14
a. The Petitioner was discharged on 31 March 2012 for Completion
of Required Service (in-service illegal drug involvement and there is
no potential for further service).
b. On 21 December 2010, Petitioner received non-judicial
punishment, Article 12a; wrongfully use of controlled substance.
c. MCO 1040.31 dated 8 September 2010 states the following: "A
Marine who satisfies the basic criteria 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 block must be checked) in order to qualify for full separation
pay. If, for any reason, a "mo" block is checked, the maximum
entitlement a Marine may receive is half separation pay."
ad. MCO 1900.61 dated 26 November 2013 states the following: "A
reentry code of RE-4B is assigned when there igs a military or civil
record of in-service illegal drug involvement and there is no
potential for further service."
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 31 March 2012, is modified
to read block 26 (Separation Code) “JGH2" vice “XBKi"’, 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" Tnvoluntary
Separation Pay (ISP) when she was discharged on 31 March 2012.
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 No. NR179-14
4. Tt is certified that quorum was present at the Board’s review and
deliberations, and that the foregoing is a true and compiete record of
the Board's proceedings in the above entitled matter.
MONTG
ROBERT D. ASALMAN | BRONTE I.
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 Jun 14 rene S (——
. Z SALMAN
ROBERT TD.
Acting Executive Director
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