From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO   
  
Ref:   (a) Title 10 U.S.C. §1552 
       (b) DODI 1332.29 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) HQMC memo 5420 MMEA of 28 Oct 20 
        (3) 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 , reviewed Petitioner’s allegations of error and injustice on 4 March 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 and must sign a mandatory disclosure statement regarding the consequences of collecting retired/retainer pay or Veterans Affairs disability compensation after receiving ISP.  
 
    b.  Petitioner’s Armed Force Active Duty Base date was 11 June 2003. 
 
    c.  Petitioner reenlisted on 4 February 2015 for a term of 4-years.  Subsequently a 7-month extension was made operative.  Petitioner’s end of current contract:  3 September 2020. 
 
    d.  On 18 June 2018, Petitioner issued 6105 counseling concerning failing the run portion of the physical fitness test. 
 
    e.  In February 2020, Petitioner issued 6105 counseling concerning failure to conduct the semi-annual height and weight evaluation requirement in accordance with Marine Corps Order 6100.13A with change 2, for the second semi-annual calendar year 2019 period from 1 July 2019 to 31 December 2019.   
 
    f.  On 7 April 2020, Petitioner was found guilty of article 92 (willful dereliction) at non-judicial punishment (NJP).  Petitioner issued 6105 counseling the same day concerning the NJP. 
 
    g.  On 21 July 2020, Petitioner issued 6105 counseling regarding assignment to the Marine Corps Body Composition Program. 
 
    h.  On 11 August 2020, Petitioner completed the routing of her Reenlistment Extension Lateral Move (RELM) request via the chain of command. 
 
    i.  On 3 September 2020, Commanding Officer denied Petitioner’s RELM to reenlist and indicated “she should not receive severance pay”. 
 
    j.  Petitioner was honorably discharged on 3 September 2020 as a result of “Completion of Required Active Service”.  At the time of discharge, Petitioner completed a total of 17-years, 2-months and 23-days of active duty service and received a separation code of “KBK1”.   
 
    k.  In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the request has merit and warrants favorable action. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective action.  Petitioner met the eligibility criteria to receive half ISP in accordance with reference (b).  However, in accordance with enclosure (2), Headquarters Marine Corps (MMEA) did not receive ISP processing documents until after Petitioner’s end of active service date; therefore, the request was administratively closed.  Although the proper administrative requirements were not completed, the Board felt that under these circumstances, a measure of relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show: 
 
Petitioner, in coordination with her command completed the required Ready Reserve written agreement, prior to separation and submitted it to Commandant of the Marine Corps for inclusion in Petitioner’s Official Military Personnel File.  Note:  Ready Reserve obligated service, shall be determined by Headquarters Marine Corps (MMEA). 
 
Petitioner’s DD Form 214, Certificate of Release or Discharge from Active Duty dated 3 September 2020 is amended to reflect:  Block 26 (Separation Code) “JGH” vice “KBK1” and Block 28 (Narrative Reason for Separation) “Non-Retention on Active Duty” vice “Completion of Required Active Service”. 
 
Petitioner was authorized payment of "Half" ISP based on her discharge which occurred on 3 September 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.