DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 JLB Docket 14 Mar No. 8136-15 16 From: To: Chairman, Board for Correction oSecretary of the Navy f Naval Records Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) Title 10 u.s.c. 1552 Encl: (1) DD Form 149 w/attachments (2) HQMC memo 5420 MMEA dtd 12 Feb 16 (3) 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 show that the Petitioner is eligible for half separation pay. 2. The Board, reviewed Petitioner's allegations of error and injustice on 14 March 2016 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, naval records, 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, finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. 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. RECOMMENDATION: That Petitioner's naval record be corrected, where appropriate, to show that: a. The Certificate of Release or Discharge from Active Duty (DD Form 214, Aug 2009), executed on or about 18 July 2015, was modified to read block 26 (Separation Code) "JGH2" vice 11KBKl 11 and block 28 (Narrative Reason for Separation) "Non-Retention on Active Duty" vice. "Completion of Required Active Service" . b. Note: Payment of non-disability full (10%) or hal f (5%) separation pay is authorized to the member who has entered into a written agreement with the Navy' Personnel Command, prior to separating from active duty, to serve in the Ready Reserve for a period of not l ess than 3 years immediately following separation from active duty. This 3 year service obligation is in addition to any other remaining service obligation. Additional obligated service, however, is determi ned by Reserve Continuation and Transition Branch (RCT) for Enlisted career Force Controls (ECFC) . c . Petitioner is authorized payment of "half" ISP based on his discharge which occurred on 18 July 2015. Not e: Petitioner was not qualif i ed for "full" separ:ation pay due to him having a Driving Under the Influence (DUI) charge on his contract. d. Note: the separation pay described above will be offset by any Veterans Disability Compensation to which Petitioner is or becomes entitled. e. A copy of this Report of Proceedings will be filed in Petitioner's naval record. 4. It is certified that quorum was present at the Board's review and deliberations, ,and that the foregoing is a true and comp ete record of the Board's proceedings in the above 5. Pursuant to the delegation of authority set out in Section 6 _(e ) of the revised Procedures of t he Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance wi t h its provisions, i t is hereby announced that the foregoing corrective action, taken under the authority of reference (a ), has been approved by the Board on behalf of t he Secretary of the Navy. Execut ive Director