DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docker No. 6986-18 
Ref:  Signature Date 

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 
     (b) MILPERSMAN 1920-030 
     (c) MILPERSMAN 1920-040  

Encl: (1) DD Form 149 w/attachments 
      (2) 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 receive Involuntary Separation Pay (ISP). 

2.  The Board, consisting of                                 , reviewed Petitioner’s allegations of error and injustice on 4 October 2019 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, relevant portions of Petitioner’s naval record, 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.  Petitioner received Career Waypoints Reenlistment Status Notification Letter dated 7 August  2017 from Deputy Chief of Naval Personnel directing separation from Active Duty at End of Active Obligated Service on 1 October 2017. 

     c.  Petitioner signed two Full Separation Pay Individual Ready Reserve (IRR) Requirements NAVPERS 1070/613, Administrative Remarks on 29 September 2017.

     d.  Petitioner was honorably discharged on 1 October 2017 with Separation Code of “JBK” and Reentry Code of “RE-1E”. 

     e.  On 2 October 2017, Petitioner signed NAVPERS 1070/601, Immediate Reenlistment Contract (Ready Reserve Agreement) effective 2 October 2017. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action.  Petitioner met the basic eligibility criteria to receive Full ISP in accordance with references (b) and (c).  However, as a result of an administrative error in the Petitioner signing the Ready Reserve Agreement the day after his discharge from active duty the payment was not made.  Although the proper administrative requirements were not completed, the Board felt Petitioner met the eligibility criteria for full ISP and under these circumstances, a measure of relief is warranted. 

RECOMMENDATION 

That Petitioner’s naval record be corrected, where appropriate, to show that: 

Petitioner signed NAVPERS 1070/601, Immediate Reenlistment Contract for a term of 3-years in the Ready Reserve on 29 September 2017 with an effective date of 2 October 2017. 

This change will entitle the Petitioner to “full” Involuntary Separation Pay (ISP) based on his  1 October 2017 discharge. Note:  the aforementioned separation pay will be offset by any Veterans Disability Compensation to which Petitioner is or becomes entitled. 

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 (a), has been approved by the Board on behalf of the Secretary of the Navy. 


1/31/2020