Oo DEPARTMENT OF THE NAVY
FT PN. - ~ ‘
Bae ee ee BOARG FOR CORRECTION OF NAVAL RECORDS
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7O1 3. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2480
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Docket Neo. NR4386-14
2 Dec 14
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO
Ref: {a) Title 10 U.S.c. 1552
Encl: (1) DD Form 149 w/attachments
{2) NPC memo 5420 PERS-93/27103 dtd 17 Nov 14
{3) Subject's naval record
1. Pursuant to the provisions of reference (a) Subject, hereinafter
referred te as Petitioner, filed enclosure {1) with this Board
requesting, in effect, that the applicable naval record be corrected
to issue an immediate reenlistment contract.
2. The Board, consisting of SP ay
reviewed Petitioner’s allegations of error and injustice on
1 December 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. NR4386-14
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, to
show that:
a. Petitioner executed a 3 vear immediate reenlistment
contract (NAVPERS 1070/601), operative on or about 29 January 2012.
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. 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 28 January 2012.
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 entfAtled matter.
Docket No. NR4385-14
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 action, taken under the authority of reference
(a), has been approved by the Board on behalf of the Secretary of the
Navy.
2 Dec i4
ROBERT J. O'NEILL
Fxecutive Director
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