Docket No. 5503-20
Ref:   Signature Date
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD ICO ,           USNR,  
  
 
Ref:  (a) Title 10 U.S.C. § 1552 
      (b) DODI 1332.29 dtd 3 Mar 17 
      (c) MILPERSMAN 1920-050 
 
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 20 August 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 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), outlines the requirements for processing ISP for officers who receive approval by Secretary of Defense (O-5 and below) after separation.  Specifically, the policy directs the supporting personnel office to make the appropriate involuntary separation payment and complete the applicable DD Form 215 entries. 
 
    c.  Petitioner signed “Involuntary Separation Pay” NAVPERS 1070/613, Administrative Remarks on 29 September 2017.  Note:  NAVPERS 1070/613, Administrative Remarks was not entered into Electronic Service Record or Official Military Personnel File. 
 
    d.  Petitioner was honorably discharged on 30 November 2017 as a result of “Reduction in Force”.  At the time of discharge, Petitioner completed a total of 13-years, 5-months and 28-days of active duty service and received a separation code of “JCC”.   
 
    e.  Petitioner was appointed as an Lieutenant in the Navy Reserve on 28 February 2018. 
 
    f.  Petitioner signed NAVPERS 1000/4, Officer Appointment Acceptance and Oath of Office on 1 March 2018. 
 
    g.  On August 17, 2020 Defense Finance Accounting Service (DFAS) confirmed Petitioner had not received ISP.  DFAS indicated, “ISP was posted to the member’s pay account but was then collected back due to some discrepancies in the documentation that they provided”. 
           
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 eligibility criteria to receive full ISP in accordance with references (b).  However, because of the untimely processing of Petitioner’s Navy Reserve appointment, the ISP was not processed accordingly.  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 his command completed the required written agreement, NAVPERS 1070/613, Administrative Remarks on 29 September 2017 and submitted it to Commander, Navy Personnel Command for inclusion in Petitioner’s Official Military Personnel File. 
 
Petitioner was authorized payment of "full" Involuntary Separation Pay (ISP) based on his 30 November 2017 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.