NEPARTMENT OF THE NAVY
DUARY PUR BUNNY FIN UT NAVAL ADSI
24 & COMPETHOLISE ROAD ertcoinns
ARLINGTON, VA 22204-2490
DIC
Docket No. NR3583-14
9 Oct 14
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
RE RRND INNES 2 OPENER SE AS
Ee Ee eT es
Ref: {a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) CNP memo 7220 Ser N130C4/14U1237 dtd 22 Sep 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. Bey, Mr. Genteman, and Ms. Polk,
reviewed Petitioner’s allegations of error and injustice on
8 October 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.’ NR3583-14
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. Petitioner executed a 3 year immediate reenlistment
contract (NAVPERS 1070/601), operative on or about 5 October 2013.
Note: full payment of non-disability separation pay is authorized to
the member who has entered into a written agreement with the Navy to
gerve 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.
b. 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 member's gain into
the IRR, and will make the required distribution of the contract based
on this action.
c. Petitioner was authorized payment of "full" Involuntary
Separation Pay (ISP) when he was discharged on 4 October 2013. Note:
in accordance with Department of Veterans Affairs letter 314/217/199
Css 235 31 5700 FACTEAU, Gary (dated 25 September 2014), the U.S.
Department of Veterans Affairs must be notified of the above
correction to Petitioner's ISP.
d. Note: the separation pay described above will be offset by
any Veterans Disability Compensation to which Petitioner is or becomes
entitled.
e. 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 Frue and complete record of
the Board’s proceedings in the above ¢ i 3
S, Pursuant to the delegation of au
of the revised Procedures of the Boar
(32 Code of Federal Regulations, Sect
compliance with its provisions, it is
foregoing corrective action, taken un
(a), has been approved by the Board o
Navy.
9 Oct 14
Docket No. NR3583-14
thority set out in Section 6(e)
a for Correction of Naval Records
4on 723.6(e)) and having assured
hereby announced that the
der the authority of reference
n behalf of the Secretary of the
ROBERT J. O'NEILL
Executive Director
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