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) DODI 1332.29 dtd 3 Mar 17 
            (c) MCO P1900.16F  
 
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 3 September 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.  In accordance with reference (b), there are two basic criterions to receive ISP.  Eligible Service members must prior to separation enter into a written agreement to serve in the Ready Reserve for a period of 3-years.  However, Service members not qualified for appoint or enlistment in the Ready Reserves are not required to enlist or be appointed by the Military Service concerned to be considered to have met this condition of eligibility for separation pay.  Additionally, Service members must sign a mandatory disclosure statement regarding the consequences of collecting retired/retainer pay or Veterans Affairs disability compensation after receiving ISP.  
 
    b.  On 4 February 2020, Commanding General,  directed Petitioner’s Commanding Officer separate Petitioner within 5 working days of receiving notification as a result of medical condition(s) that interfered with the performance of duty and “is not a ratable disability”.  
 
    c.  Petitioner was honorably discharged on 11 February 2020 as a result of “Condition Not a Disability”.  At the time of discharge, Petitioner completed a total of 7-years, 9-months and 26-days of active duty service and received a separation code of “JFV1”.   
 
    d.  On 14 May 2020,  Defense Finance Accounting Service confirmed Petitioner had not received ISP. 
 
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 half ISP in accordance with reference (c).  However, the Board determined, the proper administrative requirements were not completed and therefore, under these circumstances, relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner was authorized payment of "half" Involuntary Separation Pay (ISP) based on his 11 February 2020 discharge.  Note:  Petitioner is required to sign a mandatory disclosure statement per reference (b) prior to the processing of ISP. 
                                                             
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.