DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 


Docket No. 6819-18  
Ref: Signature Date  
From: Chairman, Board for Correction of Naval Records  
To:  Secretary of the Navy  

Ref: (a) 10 U.S.C. § 1552 
     (b) MILPERSMAN 1910-050 
     (c) MILPERSMAN 1910-156 
     (d) MILPERSMAN 1160-120 

Encl: (1) DD Form 149 w/attachments 

1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this 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 September 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 enclosure, 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 regulation within the Department of the Navy. 

b. Petitioner’s active-duty service date was 15 July 2004. 

c. Petitioner reenlisted for four years on 31 March 2014. 

d. Petitioner was found guilty at nonjudicial Punishment on 13 December 2017, but his punishment was suspended for six months. 

e. Petitioner’s suspended sentence was vacated due to missing muster on 15 December 2017, and, as a result, he was reduced to E-4 that same day. 

f. Upon reduction to E-4, Petitioner exceeded the high-year tenure length of service gate for an E-4. 

g. Petitioner’s end of obligated service date was 30 March 2018, and he was discharged with a “KBK” separation code and a “RE-4” reenlistment code. 

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 “half” ISP in accordance with references (b) and (c).  However, Petitioner was separated with a separation code that prevented his collection of any form of ISP. The Board determined that, under these circumstances, a measure of relief is warranted. The Board interpreted Petitioner’s request for a change of his separation code in order to receive ISP to be a request for “full” ISP.  The Board, 
however, determined that the appropriate separation code in his case was JGH, which authorizes “half” separation pay.  Therefore, the Board unanimously voted to grant partial relief. 

RECOMMENDATION 

That Petitioner’s naval record be corrected, where appropriate, to show that: 
Petitioner’s separation code was “JGH.” 

That Petitioner was authorized payment of “half” ISP based on the execution of his 30 March 2018 discharge with a JGH separation code. Note:  The separation pay described above will be offset by any Veterans Disability Compensation to which Petitioner is or becomes entitled. 

Note:  Payment of non-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.  Evidence of the Petitioner’s commitment to this additionalobligated service must be included in Petitioner’s record prior to the release of ISP.  However, because Petitioner is not eligible to enlist in the IRR, per reference (a), he can collect half separation pay without enlisting in the IRR. 

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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.