From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD OF   USNR  
 
Ref:   (a) Title 10 U.S.C. §1552 
       (b) MILPERSMAN 1920-40 
       (c) MILPERSMAN 1920-50 
 
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 , reviewed Petitioner’s allegations of error and injustice on January 17, 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.  Petitioner’s active duty service date is June 09, 2006. 
 
     c.  Petitioner appointed a Lieutenant in U.S. Navy effective June 1, 2010. 
 
     d.  Petitioner issued BUPERS Order 3006 on October 25, 20116, directing separation processing not later than April 1, 2017.  Separation as a result of twice failing to select for the next higher grade.  
 
     e.  On February 1, 2017, Petitioner signed USNR inactive appointment and NAVPERS 1070/613 Officer involuntary separation pay (non-disability) counseling, however, the page 13 contained enlisted verbiage.   
 
     f.  On April 1, 2017, Petitioner released from active duty for non-selection, permanent promotion.  At the time of separation, Petitioner completed 10 years, 9 months and 23 days of active duty service, received a reentry code of “RE-2”, and a separation code “JGB”, however, block 18 is void of any Separation Payment information. 
 
     g.  On April 2, 2017, Petitioner is joined to the active status pool reserve component to begin serving the 3 obligation requirement for separation pay. 
 
     h. On January  1, 2018 Petitioner is appointed a Lieutenant Commander in the Navy Reserve. 
                                 
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 full ISP in accordance with references (b) and (c).  Navy Personnel Command (PERS 97) did process the Petitioner’s oath of office and NAVPERS 911 processed his gain to the IRR.  However, no ISP package was for processed and forwarded to Finance for payment.  Although the proper administrative requirements were not completed, the Board felt that 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 "full" Involuntary Separation Pay (ISP) based on his April 1, 2017 release from active duty and subsequent join to the Selected Reserve effective April 2, 2017.  Note:  The aforementioned separation pay 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.