From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO FORMER MEMBER USN, XXX-XX- 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 21 July 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, 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. 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. Reference (c), requires enlisted Sailors to have the Commanding Officer’s recommendation for advancement and retention and are required to take and 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. d. Petitioner’s Active Duty Service Date was 6 May 2013. e. Petitioner advanced to Hospital Corpsman/E-3 on 16 November 2014. f. Petitioner participated in and passed not advanced the September 2019 (Cycle 244) Navy Wide Advancement Exam. g. On 19 December 2019, Petitioner issued BUPERS Order: 2969 (Official Modification to Separation Orders) indicating “Effective Date of Separation 05 Jan 2020 and SPD “LBK””. h. Petitioner’s Detachment of Individual NAVPERS 1616/26, Evaluation Report & Counseling Record (E1-E6) for period of report 16 July 2019 through 5 January 2020 recommended advancement and retention. i. On 5 January 2020, Petitioner was released from active duty and transferred to the Navy Ready Reserve as a result of reaching HYT. At the time of release, Petitioner completed 6-years and 8-months of active duty service, received as Reentry Code of “RE-6,” Separation Code of “LBK” and Reserve Obligation Termination Date of 16 December 2020. j. On 3 September 2020, Navy Personnel Command (PERS-93) informed the examiner that they received Petitioner’s Individual Ready Reserve/Involuntary Separation Pay package on 29 January 2020, however, it was missing the NAVPERS 1070/613, Administrative Remarks with the Petitioner agreeing to serve an additional three years in the ready reserve. 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 his command, completed the required Ready Reserve written agreement, NAVPERS 1070/613, Administrative Remarks on 19 December 2019 and submitted it to Commander, Navy Personnel Command for inclusion in Petitioner’s Official Military Personnel File. Petitioner reenlisted on 6 January 2020 for a term of 4-years. Petitioner was authorized payment of "Full" ISP based on his discharge, which occurred on 5 January 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. 8/29/2021 Deputy Director