Docket No. 8154-20 

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO FORMER MEMBER  USN,  
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) DODI 1332.29  
       (c) MILPERSMAN 1920-040  
 
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 his naval record be corrected to receive Involuntary Separation Pay (ISP). 
                                              
2.  The Board, consisting of  , reviewed Petitioner’s allegations of error and injustice on 25 August 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.  Two specific criterions include, 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.  However, if not qualified for enlistment, Service member may still be entitled to ISP.  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), authorizes half separation pay for “non-retention eligible” individuals that separate as a result of Alcohol Abuse Rehabilitation Failure. 
 
     c.  Petitioner reenlisted on 14 February 2019 for a 6-year term.    
 
     d.  On 16 July 2020, Electronic Attack Squadron issued Petitioner Administrative Separation notification for alcohol rehabilitation failure.    
 
     e.  On 20 July 2020, Petitioner issued BUPERS Order:  2020 (Official Separation Orders). 
 
     f.  Petitioner received a Detachment of Individual Evaluation Report and Counseling Record for the period of 1 January 2020 to 30 July 2020 and was not recommended for promotion or retention. 
 
     g.  Petitioner was discharged on 30 July 2020 as a result of Alcohol Abuse Rehabilitation Failure.  At the time of discharge, Petitioner completed 7-years, 7-months, and 28-days of active duty service, received as Reentry Code of “RE-4” and a Separation Code of “HPD.” 
 
     h.  On 18 August 2020, Petitioner issued notification of denial to serve in the Individual Ready Reserve. 
                                
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 half ISP in accordance with references (b) and (c); however, as a result of administrative oversight, ISP processing documents were not completed prior to being discharged.  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 20 July 2020 and submitted it to Commander, Navy Personnel Command for inclusion in Petitioner’s Official Military Personnel File.  
 
Petitioner was authorized payment of "half" Involuntary Separation Pay (ISP) based on his 30 July 2020 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. 
 
9/28/2021
Deputy Director