DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 10583-18 Ref: Signature Date 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) MILPERSMAN 1920-030 (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 this Board requesting, in effect, that the applicable naval record be corrected to receive Involuntary Separation Pay (ISP). 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 11 January 2019 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, 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. Petitioner’s active duty service date was 13 August 2009. c. Petitioner participated in the March 2017, Cycle 235 Navy Wide Advancement Exam and passed but did not advance. d. On 31 May 2017, Commander, Navy Personnel Command (PERS-93) processed and forwarded NAVPERS 1070/601, Immediate Reenlistment Contract for Petitioner to reenlist in the Ready Reserve. The contract was never signed or returned to PERS-93 for processing. e. Petitioner was discharged on 12 August 2017 as a result of reaching high year tenure (HYT). At the time of discharge, Petitioner completed 8-years of active duty service, received a reentry code of “RE-6”, and a separation code of “JBK”. f. On 13 August 2017, Petitioner enlisted in the Air National Guard for a term of 6-years. 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 basic eligibility criteria to receive Full ISP in accordance with references (b) and (c). However, as a result of Petitioner failing to provide Personnel Support Detachment, with a copy of his 6-year enlistment document with the Air National Guard, his ISP was not processed. Although the proper administrative requirements were not completed by the Petitioner, 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 that: Petitioner was authorized payment of Full ISP based on his discharge of 12 August 2017. Note: Petitioner enlisted in the Air National Guard for 6-years effective 13 August 2017. Note: ISP will be will be offset by any Veterans Disability Compensation to which Petitioner is or becomes entitled. Additionally, if Petitioner subsequently qualifies for retired pay, the ISP will be recouped from each payment of his retired pay until the total amount deducted is equal to the total amount of separation pay. 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 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 1/23/2019 Executive Director