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

Docket No. 5047-20
Ref: Signature Date 

Dear 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 23 June 2021.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies. 
 
You requested to have Involuntary Separation Pay (ISP) removed from your DD Form 214, Certificate of Release or Discharge from Active Duty dated 17 March 2017 to avoid a deduction from your Veteran Affairs disability compensation.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded you were authorized ISP at the time of discharge in accordance with Department of Defense Instruction 1332.29.  Specifically, per this policy, payment of non-disability ISP is authorized to Service members who are involuntarily separated from active duty and meet the criterions listed.  A review of your record indicates that you entered into written agreements to service in the Ready Reserve on 23 December 2016.  Subsequently, you discharged from active duty on 17 March 2017 upon reaching your high year tenure gate; resulting in your receipt of the “JBK” Separation Code, which entitled you to Full ISP.  Thereafter, on 18 March 2017, you reenlisted for 3-years to receive ISP.  Therefore, the Board determined your DD Form 214, Certificate of Release or Discharge from Active Duty was annotated correctly at the time of discharge and it would be inappropriate to make changes to the document for matters that occurred after its issuance.  
 
You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.   
 
Sincerely, 

7/30/2021
Deputy Director