DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 DocketNo.1811-17 DEC 07 2017 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe Navy Subj: REVIEW OF NAVAL RECORD ICO FORMER Ref: (a) Title 10 U.S.C. 1552 Encl: (1)DD Form 149 w/attachments (2) CNP memo 7220 Ser N!30C/l7U0908 dtd 17 Jul 17 (3) Subject's naval record 1. Pursuant to the provisions ofreference (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 full separation pay. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 31 August 2017 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence ofrecord. Documentary material considered by the Board consisted ofthe enclosures, naval records, and applicable statutes, regulations and policies. 3. The Board, having reviewed all the facts ofrecord 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 ofthe 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. c. Petitioner served 8 years, 8 months, and 10 days on active duty before being involuntarily separated for high year tenure (HYT). Petitioner was not allowed to take the last advancement exam per NAV ADMIN 083/16 as his HYT date was not on or after 1 January 2017. d. On 8 January 2017, Petitioner was separated from the Navy with an Honorable characterization ofservice and a reenlistment code ofRE-6, indicating High Year Tenure. However, Petitioner was given the separation code of"JGH" indicating "non-retention on active duty" due to his failure to take the last advancement exam. CONCLUSION: Upon review and consideration ofall the evidence ofrecord, and especially in light ofthe contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective action. RECOMMENDATION: That Petitioner's naval record shall be corrected, where appropriate, to show that: The Certificate ofRelease or Discharge from Active Duty (DD Form 214, Aug 2009), executed on or about 8 January 2017, was modified to read block 26 (separation code) "JBK" vice "JGH" and block 28 (narrative reason for separation) "COMPLETION OF REQUIRED ACTIVE SERVICE" vice "NON-RETENTION ON ACTIVE DUTY." Note: Payment ofnon-disability full (10%) or half (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 less than 3 years immediately following separation from active duty. This 3 year service obligation is in addition to any other remaining service obligation. Evidence ofthe Petitioner's commitment to this additional obligated service must be included in the Petitioner's record prior to the release of Involuntary Separation Pay (ISP). Additional obligated service, however, is waived by Reserve Continuation and Transition Branch (RCI) for Enlisted Career Force Controls (ECFC). Petitioner is authorized payment of "full" Involuntary Separation Pay (ISP) based on his discharge which occurred on 8 January 2017. Note: the separation pay described above will be offset by any Veterans Disability Compensation to which Petitioner is or becomes entitled. A copy ofthis Report ofProceedings 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 complete record ofthe Board's proceedings in the above entitled matter. 5. Pursuant to the delegation ofauthority set out in Section 6(e) ofthe revised Procedures ofthe Board for Correction ofNaval Records (32 Code ofFederal 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 ofreference (a), has been approved by the Board on behalfofthe Secretary ofthe Navy. Executive Director