DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
   
Docket No. 1622-19    
Ref:  Signature Date  

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

Ref: (a) Title 10 U.S.C. §1552 
     (b) OPNAVINST 1900.4 

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 show Petitioner was authorized to receive Involuntary Separation Pay (ISP).   

2.  The Board, consisting of               , reviewed Petitioner’s allegations of error and injustice on 10 January 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 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.  On 28 February 2017, Petitioner certified a NAVPERS 1070/613 (Administrative Remarks) Full separation pay Inactive Ready Reserve (IRR) requirements.

     c.  On 31 March 2017, Petitioner was honorably discharged due to High Year Tenure with a separation code of JBK after completing 14 years of active duty and entitled to $54,311.04. 

     d.  On 1 April 2017, Petitioner reenlisted for 3 years in the U.S. Navy Reserve. 

CONCLUSION 

Upon review and consideration of all the evidence of record, and especially in light of the contents of reference (b), the Board finds the existence of an injustice warranting the following corrective action.  The Board concluded that Petitioner completed more than 6 years of active duty required in order to receive ISP.  Furthermore, Petitioner’s separation code authorized full ISP; however, due to administrative error (reenlistment contract signed after separation date) Petitioner did not receive it. 

RECOMMENDATION 

That Petitioner’s naval record be corrected, where appropriate, to show that: 

Petitioner executed an immediate reenlistment contract (NAVPERS 1070/601) on 31 March 2017 effective 1 April 2017 for 3 years. 

Petitioner was authorized payment of "full" ISP based on her discharge which occurred on 31 March 2017.  

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 U.S. Navy, 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 Commander, Navy Personnel Command.  Furthermore, the separation pay described above will be offset by any Veterans Disability Compensation to which Petitioner is or becomes entitled. 

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. 


3/23/2020