Docket No. 8282-19  
Ref:  Signature Date  
From: Chairman, Board for Correction of Naval Records  
To: Secretary of the Navy  


Ref:  (a) Title 10 U.S.C. §1552 
      (b) MCO 1900.16 w/ch1 of 7 Aug 2015 
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 separation pay. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on April 9, 2020 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. 

Petitioner enlisted in the Marine Corps Reserve for 8 years with a 4 year obligation in the Regular component. 

Petitioner entered active United States Marine Corps (USMC) service. 

Petitioner released from active duty and transferred to Ready Reserve. 

Petitioner joined to Individual Ready Reserve (IRR). 

On January 28, 2013, Petitioner enlist in the Marine Corps Reserve for 8 years and signs service agreement upon acceptance of a commission, he will incur a military service obligation (MSO) of eight (8) years in the USMC from the date of appointment to commissioned grade. 

Petitioner joined to the Enlisted Participant in Officer Commissioning Program (PLC). 

Petitioner commissioned O1E USMCR (Component Code K7) with expiration of obligated service (EOS) of May 30, 2023. 

Petitioner enters active duty USMC (Component Code 11). 

Petitioner receives CMC, (MMSR-20) “Status in the U.S. Marine Corps” 

On December 1, 2019, Petitioner released from active duty, Character of Service “Honorable”, Separation Code “LGB1”, Narrative Reason for Separation “Non-Selection, Permanent Promotion”. Block 18 of DD Form 214 does not contain required separation pay data. 

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 reference (b). However, the Board concluded, Petitioner was not afforded the opportunity to complete the requirements of reference (b) to received ISP.  Although the proper administrative requirements were not completed, the Board felt that under these circumstances, a measure of relief is warranted. 

RECOMMENDATION 

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

Petitioner, in coordination with his command completed the required NAVMC 118 (Page 11), Administrative Remarks prior to December 1, 2019 release from active duty and submitted it to Deputy Director, Manpower & Reserve Affairs (DC MMRA) for inclusion in the Petitioner’s Official Military Personnel File. 

Petitioner was authorized payment of “full” Involuntary Separation Pay (ISP) based on his December 1, 2019, separation.  Note:  The aforementioned separation pay will be offset by any Veterans Disability Compensation to which Petitioner is or becomes entitled. 

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 DC MMRA, 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.  Evidence of the Petitioner’s commitment to this additional obligated service must be included in the Petitioner’s record prior to the release of Involuntary Separation Pay (ISP).  Manpower & Reserve Affairs, however, determine additional obligated service. 

A copy of this Report ofProceedings 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.