DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
bc
Docket No. NR5169-14
2 Dec 14
Brom: Chairman, Board for Correction of Maval Records
TO: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO
Quay
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
{2) HOMC memo 5420 MMEA dtd 23 Oct 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
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 reculations
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. NR5169-14
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 5 December 2012, is modified
to read block 26 (separation code) “JBK1” vice “JGH2", block 27
-({reentry code) “RE-3C"” vice “RE-04”, and block 28 (narrative reason
for separation) “COMPLETION OF REQUIRED ACTIVE SERVICE” vice *“NON-
RETENTION ON ACTIVE DUTY”.
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 Marine Corps, 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).
c. Petitioner was authorized payment of "full" Involuntary
Separation Pay (ISP) when he was discharged on 5 December 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 entijtled matter.
BARBARA A. NAHULAK
Recorder
Docket No. NR5169-14
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
Forecoina corrective action, taken under the authority of reference
Tee Se
(a), has been approved by the Board on behalf of the Secretary of the
Navy.
*
2 Dec .14
ROBERT J. O'NEILL
Executive Director
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