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

Docket No. 9080-19  
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) MILPERSMAN 1920-040 
      (c) OPNAVINST 1900.4 

Encl: (1) DD Form 149 w/attachments 
    
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 direct payment of Involuntary Separation Payment (ISP) for separation effective July 30, 2019. 

2.  The Board, consisting of   , reviewed Petitioner’s allegations of error and injustice on April 30, 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. 

b.  On August 18, 2008, Petitioner enters active naval service. 

c.  On June 30, 2019, Petitioner reduced in grade to GM3 E4 effective this date. 

d.  On July 30, 2019, Petitioner discharged with separation code “JGH”, characterization of service “Honorable”, separation reason “Non-retention on active duty”, block 18 of DD Form 214 void of any separation payment information. 

e. On August 22, 2019, Petitioner notified by Division Director, Reserve Personnel Management Individual Ready Reserve (PERS-93) letter 1910 that he is ineligible for enlistment in Individual Ready Reserve (IRR). 

f.  On March 18, 2020, representative of Correction of Records/Claims,  Defense Finance and Accounting Service (DFAS), confirms the Petitioner has not received an ISP payment. 

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. The Board concluded the Petitioner’s record determined he is warranted “Half” separation pay. 

RECOMMENDATION 

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

Petitioner authorized payment of "Half" Involuntary Separation Pay (ISP) based on his July 30, 2019 discharge and ineligibility to join the Selected Reserve as determined by NAVPERSCOM (PERS-93).  Note:  The aforementioned separation pay will be offset by any Veterans Disability Compensation to which Petitioner is or becomes entitled.
 
DD Form 214 effective July 30, 2019 “block 18” corrected with the issuance of DD Form 215. 

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 Personnel Command, 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).  Additional obligated service, however, is determined by NAVPERSCOM (PERS-93). 

Note:  Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay and allowances. 

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 trueand 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.