DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
Doe
Docket No. NR5443-14
S 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
Enel: {1} DD Form 149 w/attachments
(2) HQMC memo 5420 MMEA dtd 27 Oct 14
(3) HOMC e-mail dtd 5 Nov 14
(4) 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 Ee a
reviewed Petitioner's allegations of @rror and injustice on
25 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 enclosures (2) and (3), 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 enclosures (2) and (3), the
Board finds the existénce of an injustice warranting the following
corrective action,
Docket No. NR5443-14
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 15 November 2013, is
modified to read block 26 (Separation Code) “JBK1” vice “MCC1", and
block 28 (narrative reason for separation) “COMPLETION OF REQUIRED
ACTIVE SERVICE" vice “REDUCTION IN FORCE".
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 15 November 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.
A. NAHULAK
Recorder
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.
5 Dec 14
ROBERT J. O'NEILL
Executive Director
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