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 full Involuntary Separation Pay (ISP). 2. The Board, consisting of Ms. Mr. , and Ms. , 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), 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-4 is 8-years length of service. d. Petitioner’s Active Duty Service Date was 14 November 2006. e. Petitioner reenlisted on 5 February 2016 for a term of 4-years. f. Petitioner’s Special evaluation for period of report from 16 March 2016 through 6 December 2016 removed his recommendation for advancement and retention. Evaluation indicates Petitioner was awarded reduction in rank (RIR) from E-4 to E-5 at Non-Judicial Punishment (NJP) on 6 December 2016. g. On 25 April 2017, Petitioner issued BUPERS Order: 1157 (Official Separation Orders) indicating “SPD: JBK, Character of Service: Honorable and Effective Date of Separation: 31 May 2017”. h. On 31 May 2017, Petitioner was discharged from active duty as a result of reaching HYT. At the time of discharge, Petitioner completed 10-years, 6-months, and 18-days of active duty service, received Separation Code of “JBK” and an “RE-6” Reentry Code. i. On 22 June 2017, Navy Personnel Command (PERS-93) disapproved Petitioner’s Ready Reserve enlistment. j. On 16 September 2020, Navy Personnel Command (PERS-93) confirmed they have a working copy of a DD Form 214, Certificate of Release or Discharge from Active Duty with a separation code of “JGH”, as the Petitioner was awarded RIR on 6 December 2016. 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 half ISP in accordance with reference (b); 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, partial 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 25 April 2017 and submitted it to Commander, Navy Personnel Command for inclusion in Petitioner’s Official Military Personnel File. Petitioner’s DD Form 214, Certificate of Release or Discharge from Active Duty dated 31 May 2017 is amended to reflect Block 26 (Separation Code) “JGH” vice “JBK”, and Block 28 (Narrative Reason for Separation) “Non-retention on Active Duty” vice “Completion of Required Active Service”. Note: Adjust “Separation Payment” amount in Block 18 (Remarks) accordingly. Petitioner was authorized payment of "Half" ISP based on his discharge which occurred on 31 May 2017. Note: Petitioner is required to sign a mandatory disclosure statement per reference (b) prior to the processing of ISP. The part of Petitioner’s request for corrective action that exceeds the foregoing is denied. Petitioner’s recommendation for advancement and retention were rescinded, thereby not meeting the criteria for full ISP in accordance with references (b) and (c). 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. 8/17/2021 Deputy Director