DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
DIC
Docket No. NR10539-14
7 Apr 15
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) HOMC memo 1910 MMSR-2 dtd 17 Mar 15
(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 adjust payment of Involuntary Separation Pay (ISP) when he was
discharged.
2. The Board, consisting of ay. 7 ond ip
reviewed Petitioner's allegations of error and injustice on
6 April 2015 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. NR10539-14
RECOMMENDATION :
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. Petitioner was authorized to receive an increased amount of
separation pay in accordance with FY91 Defense Authorization Act
(Public Law 101-510), enacted on 5 November 1990, providing he agreed
to serve in the Ready Reserve for a period of not less: than 3 years.
Note: On 1 December 1990, Petitioner was discharged for failure of
selection for promotion. and received Separation pay of $30,000.
Furthermore, on 14 June 1999, Petitioner received his Notification of
Entitlement to Retired Pay at Age 60. On 30 September 1999,
Petitioner transferred to the Retired Reserve Awaiting Pay at Age 60.
Finally, on 12 August 2014, he begin receiving retire pay.
b. Note: 10 U.S. Code § 1174(h)1 states the following: “A member
who has received separation pay under this section, or separation pay,
severance pay, or readjustment pay under any other provision of law,
based on service in the armed forces, and who later qualifies for
retired or retainer pay under this title or title 14 shall have
deducted from each payment of such retired or retainer pay an amount,
in such schedule of monthly installments as: the Secretary of Defense
shall specify, taking into account the financial ability‘of the member
to pay and avoiding the imposition of undue financial hardship on the
member and: member’s dependents, until the total amount deducted is
equal to the total amount of separation pay, severance pay, and
readjustment pay so paid.”
c. 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
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
Docket No. NR10539-14
(a), has been approved by the Board on behalf of the Secretary of the
Navy.
7 Apr 15
ROBERT J. O'NEILL
Executive Director
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