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

Docket No: 10296-19  
Ref:   Signature Date  

From:  Chairman, Board for Correction of Naval Records  
To:    Secretary of the Navy 

Ref:   (a) 10 U.S.C. §1552 
       (b) USD memo of 25 Jul 18, “Guidance to Military Discharge Review Boards and Boards for            Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency            Determinations” 
       (c) MCO 1900.16F w/ch2 

Encl: (1) DD Form 149 w/ attachments 
      (2) MCTFS pay group 600 remarks screen 
      (3) MCTFS RT01 screen 
      (4) NAVMC 321A of 30 Jan 2019
      (5) Doctor ltr of 28 May 2019
      (6) Fitness report of 5 Aug 19 
      (7) NAVMC 11537 of 28 Aug 19 
      (8) DD Form 214 of 2 Sep 19 
      (9) CO’s ltr of 16 Oct 19 
      (10) HQMC memo 5420 MMEA of 4 Mar 19 

1.  Pursuant to reference (a), Petitioner, a former enlisted member of the U.S. Marine Corps, filed enclosure (1) with this Board for correction to her record in regards to separations pay upon discharge. 

2.  The Board reviewed Petitioner’s allegations of error and injustice on May 21, 2020, 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 her naval service records, 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 enters active duty on December 8, 2008. See enclosure (2) 

c.  Petitioner’s record reflects DutyLimit code (0) with duty limit effective date of July 22, 2011. See enclosure (3) 

d.  On April 3, 2019 Petitioner’s five-month contract extension becomes effective in order to meet retention standards for a medical condition. See enclosure (4) 

e.  On May 28, 2019 General Internal Medicine Service doctor of  Medical center states Petitioner's weight gain is due to medical disability dating back to 2016.  See enclosure enclosure (5)  

f.  Petitioner receives fitness report ending June 26, 2019.  Report indicates her weight is 224 lbs., height 69 inches, body fat percentage 39.  Directed comment that an appropriately credentialed health care provider diagnosed the Petitioner’s condition to be the result of an underlying or associated disease process.  Petitioner not assigned to weight control or military appearance program, and recommended for promotion.  See enclosure (6) 

g.  On August 20, 2019 Petitioner and unit career planner sign Reenlistment Extension Lateral Move (RELM) request, which is sign by commanding officer recommending full separation pay on August 28, 2019. See enclosure (7) 

h.  On September 2, 2019 Petitioner released from active duty.  No separation pay data in block 18.  Separation code KBK1 with narrative reason for separation as (completion of required active service). See enclosure (8) 

i.  On October 16, 2019 Petitioner’s former commanding officer provides letter to BCNR explaining Petitioner’s history of events concerning separation and recommends full separation pay.  See enclosure (9)
 
In correspondence attached as enclosure (10), 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. They recommended Petitioner be approved for half separations paywith and SPD code changed to “JCR1” weight control failure. 

CONCLUSION 

The Board, in its review of Petitioner’s entire record and application, carefully considered the policy guidance of references (b) through (c).  The Board the Petitioner was never assigned to weight control program therefore they disagree with the recommendation of the office having cognizance over the subject matter.  The Board concluded base on the evidence of the record the Petitioner’s medical history and reenlistment request was not managed properly and it prevented HQMC MMEA from assigning an appropriate separation designation, therefore, due to circumstances of her case with evidence of administrative error relief is warranted. 

RECOMMENDATION

In view of the above, the Board directs the following corrective action: 

On September 2, 2019, Petitioner was released from active duty with a separation code of “JBK1” vice “KBK1”, reason completion of required active service with “Full Separation Pay”. 

Petitioner issued DD Form 215 for correction of DD Form 214 issued effective September 2, 2019 with all appropriate separation pay information then distributed in accordance with reference (c). 

Note:  Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s 
records to determine if Petitioner is due any back pay and allowances. 

That a copy of this report of proceedings be filed in Petitioner’s naval record. 

4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)) 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 theBoard’s proceedings in the above-entitled matter. 

5. The foregoing action of the Board is submitted for your review and action. 

Reviewed and Approved/Disapproved