DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1255-18 OCT 11 2018 From: Chairman, Board for Correction of Naval Records To: Secretary ofthe Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) Title 10 U.S.C. §1552 Encl: (1) DD Fonn 149 w/attachments (2) Subject's naval record l. 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 receive Involuntary Separation Pay (ISP). 2. The Board, consisting of , reviewed Petitioner's allegations oferror and injustice on 26 June 2018 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 ofthe 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 signed Full Separation Pay Individual Ready Reserve (IRR) Requirements NAVPERS 1070/613, Administrative Remarks on 7 July 2014. c. Petitioner was honorably discharged on 16 August 2014 with Separation Code of"JBK" and Reentry Code of"RE-6". Note: DD Form 214, Certificate ofRelease or Discharge from Active Duty indicates Petitioner was entitled to a separation payment of$5 1,992.64. d. On, 17 August 2014, Petitioner signed NAVPERS I 070/601, Immediate Reenlistment (Ready Reserve Agreement) effective 17 August 2014. e. On 10 December 2014, Petitioner was notified of his $38,994.51 indebtedness. When Defense Finance and Accounting Service (DFAS) received no payment, his account was properly reported to the credit bureau network on 15 February 2015. CONCLUSION Upon review and considerati on ofall the evidence of record, the Board finds the existence of an injustice warranting the following corrective action. Petitioner met the basic eligibility criteria fo r Full ISP in accordance with Military Personnel Manual article 1920-040. However, as a result of an administrative error in Petitioner signing the Ready Reserve agreement the day after his discharge from active duty, the separation payment was rescinded. The Board felt Petitioner met the eligibility criteria for full ISP and under these circumstances, a measure of relief is warranted. RECOMMENDATION That Petitioner's naval record be corrected, where appropriate, to show that: Petitioner signed his NA VPERS 1070/60 1, Immediate Reenlistment Contract fo r a term of 3-years in the Ready Reserve on 16 August 20 14 with an effective date of 17 August 2014. These change will entitle the Petitioner to Full ISP. Note: DFAS will complete an audit of Petitioner's pay records to determine if Petitioner is due any back 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 revi and deliberations, and that the foregoing is a true and complete record of the Board findings in the above entitled matter. 5. Pursuant to the delegation of authority set o · 1 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 correcti ve action, taken under the authority of reference (a), has been approved by the Board on behalfof the Secretary of the Navy. Executive Director