From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF    
 
Ref:   (a) Title 10 U.S.C. §1552 
            (b) OPNAVINST 1900.4 
            (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) and lump sum leave (LSL) payback for separation effective August 3, 2019. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on May 7, 2020 and, pursuant to its regulations, determined that the partial 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 July 7, 2011, Petitioner enters active naval service. 
 
     c.  On August 9, 2017, Petitioner reduced in grade to CSSN (E3). 
 
     d.  On August 3, 2019, Petitioner is discharged with separation code “JGH”, block 18 of DD Form 214 contains involuntary separation payment $10,720.80.  The DD Form 214 is signed by authorizing official effective August 27, 2019 and filed in Petitioner’s official military personnel file (OMPF). 
  
     e.  On August 8, 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.  Petitioner’s August 2019 Leave and Earnings Statement (LES) reflected a payment in the amount of $2,531.30 for 34 days leave sold. 
 
     g.  On September 7, 2019, authorizing official signs second DD Form 214 with separation code “JGH” with block 18 void of any separation pay data.  This form is also file in Petitioner’s OMPF. 
 
     h.  On May 1, 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 naval record shall reflect “Half” separation pay, however, Petitioner’s request for LSL payment was not warranted due to records indicating payment was in fact made. 
 
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 August 3, 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 signed September 7, 2019 by authorizing official be removed from Petitioner’s service record. 
 
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 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. 
            7/1/2020