DEPARTMENT Cr THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
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Docket No. NR4136-14
19 Nov 14
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) CNP memo 7220 Ser NW130C4/1401273 dtd 29 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. Hedrick, Ms. Polk, and Mr. Sproul,
reviewed Petitioner’s allegations of error and injustice on
18 November 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 partial
corrective action.
RECOMMENDATION :
That Petitioner's naval record be corrected, where appropriate, to
show that:
a. Patitinner eveacyted a 2 vear immediate reenlistment
= = Soe Dee ce eee ee ee ee
contract (NAVPERS 1070/601) operative on or about 24 August 2013.
Note: half payment cf non- disabi lity separation pay is authorized to
the member who has entered into a written agreement with the Navy to
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,
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 “half" Involuntary
Separation Pay (ISP) when he was discharged on 23 August 2013.
d. Wote: the separation pay described above will be offset by
any Veterans Disability Compensation to which Petitioner is or becomes
entitled.
e. That part of the Petitioner's request for corrective action
that exceeds the foregoing is denied. Records show that the
Petitioner received Non-Judicial Punishment on 24 September 2012,
which resulted the Petitioner being reduced in rank prior to
separation, Furthermore, per OPNAVINST 1200.4, enlisted members
separated due to high year tenure will he 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). The
Petitioner was not advancement eligible at the time of separation,
thereby making him ineligible for full-IsP entitlement.
£. 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 e Matter.
Recorder
Treretle et Nis WEstTA 14
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 acrion, taken under the authority of reference
la), has heen approved by the Board on behalf of the Secretary of the
Navy.
19 Nov 14
ROBERT 3. O'NEILL
Executive Director
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