Docket No. 5151-20 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD Ref: (a) Title 10 U.S.C. § 1552 (b) DODI 1332.29 (c) MILPERSMAN 1920-030 (d) MILPERSMAN 1160-120 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 her naval record be corrected to establish eligibility to receive Involuntary Separation Pay (ISP). 2. The Board, consisting of and reviewed Petitioner’s allegations of error and injustice on 23 June 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, she 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), half payment of non-disability ISP is authorized to Service members who are involuntarily separated from active duty and meet the five specified criterions listed. Additionally, eligible Service members must prior to separation enter into a written agreement to serve in the Ready Reserve for a period of 3-years in addition to any service obligation remaining at the time of separation. Furthermore, 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. Reference (c), requires enlisted Sailors to have the Commanding Officer’s recommendation for advancement and retention and are required to take an pass the most recent advancement examination before separation to qualify of full separation pay. c. Per reference (d), High Year Tenure (HYT) for Sailors in paygrade E-3 is 6-years length of service. Additionally, the policy specifies that E4-E6 candidates participating in the September Navy Wide Advancement Exam (NWAE) must be on Active Duty on 1 January of the following year. d. Petitioner enlisted in the Naval Reserve for a term of 8-years; of which 4-years was considered an active duty obligation. Active Duty Base Date was 10 December 2010. e. Petitioner’s periodic evaluation for period of report 16 July 2017 through 15 July 2018 recommended advancement and retention. f. Petitioner participated in and passed not advanced the September 2018 (Cycle 240) Navy Wide Advancement Exam (NWAE). g. Petitioner was on convalescent leave from 11 March 2019 through 22 April 2019. h. On 12 September 2019, Petitioner signed “HYT Understanding and Election of Options” NAVPERS 1070/613, Administrative Remarks electing intent to apply for a Selected Reserve (SELRES) quota and agreed to enlist or extend in the Ready Reserve for a period of 3-years in addition to any remaining military service obligation as a condition to qualify for ISP. i. Petitioner’s detachment of individual evaluation for period of report 16 July 2019 through 9 December 2019 recommended advancement and retention. j. On 9 December 2019, Petitioner was released from active duty and transferred to the Navy Reserve as a result of reaching HYT. At the time of release, Petitioner completed 6-years of active duty service, received as Reentry Code of “RE-6”, Separation Code of “LBK” and Reserve Obligation Termination Date of 8 May 2021. k. On 10 December 2019, Petitioner issued BUPERS Order: 3449 (Official Separation Orders) indicating “official separation date 2019DEC09; orders administratively issued late”. l. On 6 January 2020, Navy Personnel Command (PERS-93) approved Petitioner’s Ready Reserve agreement for a term of 5-years; expiration of obligated service (EOS) 9 December 2024. PERS-93 indicates the signed contract was not return to them for processing. m. Petitioner affiliated with the SELRES on 22 January 2020. Navy Standard Integrated Personnel System (NSIPS) reflects a 24 January 2020 reenlistment for a term of 4-years. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting the following corrective action. Petitioner met the eligibility criteria to receive ISP in accordance with references (b) and (c); however, as a result of administrative oversight, ISP processing documents were not completed prior to being released from active duty. 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, in coordination with her command completed the required written agreement, NAVPERS 1070/613, Administrative Remarks on 12 September 2019 and submitted it to Commander, Navy Personnel Command for inclusion in Petitioner’s Official Military Personnel File. Petitioner executed NAVPERS 1070/601, Immediate Reenlistment Contract on 10 December 2019 for a term of 5-years; EOS 9 December 2024. Note: The reenlistment on 24 January 2020 for a term of 4-years reflected in NSIPS is null and void. Petitioner was authorized payment of "Full" ISP based on her discharge which occurred on 9 December 2019. 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. 7/15/2021 Deputy Director