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 
 
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 Payment (ISP). 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on July 23, 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a.  On August 9, 2018 while the Petitioner was in the Navy Full Time Support (FTS) issued official release from active duty BUPERS Order 2218 directing separation processing no later than February 1, 2019.  Separation a result of twice failing to select for the next higher grade. 
 
     b.  Petitioner discharged effective January 31, 2019.  DD Form 214 reflects separation code “LGB” with block “18” indicating separation pay $86,864.40, “member must accept oath of office in Ready Reserve to qualify for involuntary separation pay”. 
 
     c.  On February 1, 2019 Petitioner joined to U.S. Navy Reserve. 
 
     d.  Due to Petitioner being in the FTS program while on active duty and appointed in the Ready Reserve BUPERS Order 2218 modified effective April 4, 2019 with following statement: “Authorized to draw separation pay based on eleven years, three months active service.  This payment is contingent upon member signing NAVPERS 1070/613 to retain reserve appointment for a period of three years after separation”. 
 
    e.  On April 19, 2019 Petitioner signs NAVPERS 1070/613 agreement to retain reserve appointment for a period of three years. 
 
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 determined the Petitioner’s original BUPERS Order 2218 provided the inappropriate instructions.  The Petitioner was a Lieutenant through a Reserve appointment and a new appointment would be inappropriate.  The criteria for ISP is that the member agrees to serve a minimum of three years in the Individual Ready Reserve.  This written agreement must have been entered prior to separation from active duty.  The Board concluded due to administrative error full 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 NAVPERS 1070/613, Administrative Remarks prior to January 31, 2019 discharge and submitted it to Commander, Navy Personnel Command for inclusion in the Petitioner’s Official Military Personnel File. 
 
Petitioner was authorized payment of “full” Involuntary Separation Pay (ISP) based on his  
January 31, 2019 discharge.  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 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).  Navy Personnel Command, however, determines additional obligated service. 
                                                             
A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 
 
4.  It is certified that a 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.