DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 3319-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO USNR, XXX-XX- Ref: (a) Title 10 U.S.C. § 1552 (b) DODI 1332.29 dtd 3 Mar 17 (c) MILPERMAN 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 the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to establish eligibility to receive Involuntary Separation Pay (ISP). 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 10 May 2021 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), full payment of non-disability ISP is authorized to Service members who are involuntarily separated from active duty and meet the five specified criterions listed. This criteria includes, 6-years of active duty/active service, eligible Service members must prior to separation enter into a written agreement to serve in the Ready Reserve for a period of 3-years and must sign a mandatory disclosure statement regarding the consequences of collecting retired/retainer pay or Veterans Affairs disability compensation after receiving ISP. b. Reference (c), further specifies that Service members separated for high year tenure are entitled to full separation pay, provided they meet the full-pay criterions listed. c. Petitioner’s active duty service date was 3 February 2004. d. Petitioner reenlisted on 6 October 2017 for a term of 6-years. e. Petitioner received a periodic Evaluation Report and Counseling Record for the period of 3 December 2016 to 15 November 2017. He was an HM1/E-6, recommended for promotion and retention. f. In January 2018, Petitioner participated in the Cycle 238 Navy Wide Advancement Exam for HMC; he was a non-selectee. g. On 24 July 2018, Petitioner was reduced in rank from HM1/E-6 to HM2/E-5; his available service record does not reflect the impetus which caused the reduction in rank. h. Petitioner received a detaching Evaluation Report and Counseling Record for the period of 6 September 2018 to 19 December 2018. He was an HM2/E-5, recommended for promotion and retention. i. Petitioner received a periodic Evaluation Report and Counseling Record for the period of 19 December 2018 to 15 March 2019. He was an HM2/E-5, the report was not observed but he was recommended retention. j. Petitioner received a detaching Evaluation Report and Counseling Record for the period of 16 March 2019 to 3 February 2020. He was an HM2/E-5, recommended for promotion and retention. k. Petitioner was honorably discharged on 2 February 2020 as a result of “Completion of Required Active Service”. At the time of discharge, Petitioner completed a total of 16-years, 00-months and 00-days of active duty service and received a separation code of “JBK”. l. On 31 January 2020, Petitioner signed NAVPERS 1070/601, Immediate Reenlistment Contract indicating an impending reenlistment for a term of 3-years from 4 February 2020 through 3 February 2023. m. On 16 March 2020, Inactive Duty Training Orders were generated assigning Petitioner to a Selected Reserve unit effective 3 February 2020. 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 references (b) and (c). However, Petitioner had a 1-day break in service between his 2 February 2020 completion of active duty service and his 4 February 2020 Navy Reserve reenlistment, thereby rendering him ineligible for ISP. Although the proper administrative requirements were not completed, the Board felt that under these circumstances, relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner’s NAVPERS 1070/601, Immediate Reenlistment Contract signed on 31 January 2020 is amended to reflect reenlisting in the United States Navy Reserve for term of 3-years from “2020 02 03” vice “2020 02 04” to “2023 02 02” vice “2023 02 03”. Petitioner was authorized payment of "Full" ISP based on his discharge which occurred on 2 February 2020. 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. 6/17/2021 Deputy Director