DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BIC
Docket No. NR4028-14
1 Apr 15
From: Chairman, Board for Correction of Naval Pecords -
To: Secretary of the Navy
Sub]: REVIEW OF NAVAL RECORD ICO
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
{2) HOMC memo 5420 MMEA dtd 2 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 show Petitioner was entitled to payment of Tayo Dantes: Separation
Pay (ISP) when*he was discharged... cae ~ ”
2. The Board, consisting of Qe,
reviewed Petitioner’s allegations of error and injustice on
30 March. 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. NR4028-14
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 11 August 2013, is modified
'.to read block 26 (Separation Code). “JGH2" vice “MBK1”, and block 28
‘(narrative reason for separation) -“NONRETENTION ON ACTIVE Duty” vice
“COMPLETION OF REQUIRED ACTIVE SERVICE”, .
b. Note: Payment of non-disability full (10%) or half (5%)
separation pay is authorized to the member who has entered: into a
written agreement with the Navy, prior to separating from active duty,
to serve in the Ready Reserve for a period of not less than 3 years
immediately following separation from active duty. This 3 year
service obligation is in addition to any other remaining service
obligation. Additional obligated service, however, is waived by
Reserve Continuation and Transition Branch (RCT) for Enlisted Career
Force Controls (ECFC). : oo ae
c. ‘Petitioner was authorized payment of "half" Involuntary
Separation Pay (ISP) when he was discharged on 11 August 2013.
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 a true and complete record of
the Board's proceedings in the above entitled matter.
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. NR4028-14
(a), has been approved by the Board on behalf of the Secretary of the
Navy.
Apr 15 Doi
ROBERT J. O'NEILL
Executive Director
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