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

Docket No. 713-18
Mar 25 2019

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 1920-040

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  ,    , and    , reviewed Petitioner's allegations of error and injustice on 6 November 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 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 was discharged on 15 August 2017 as a result of Weight Control Failure. At the time of discharge, Petitioner completed over 9-years of active duty service. He received an RE- 3F Reentry Code and HCR Separation 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. In accordance with reference (b ), service members discharged as a result of Physical Fitness Assessment Failure meet the eligibility criteria to receive half ISP; however, Petitioner failed to receive ISP. The Board felt 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 "half' Involuntary Separation Pay (ISP) based on his discharge which occurred on 15 August 2017. 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 immediately following separation from active duty. This 3-year service obligation is in addition to any other remaining service obligation. Evidence of the 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 determined by NAVPERSCOM (PERS-93).

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.

Executive Director