From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD  
  
 
Ref:   (a) Title 10 U.S.C. §1552 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) NPPSC memo 5400 of 7 Jan 20 
        (3) 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 Severance Pay (ISP). 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 30 June 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 20 November 2006, Petitioner entered a period of active duty within the Navy. 
 
     c.  On 19 November 2014, Petitioner was discharged with no record of Individual Ready Reserve (IRR) affiliation eligibility due to missed/failed last advancement examination before separation.  Petitioner discharged with separation code “JBK”.  Block 18 of DD Form 214 contains involuntary separation payment $23,302.08.    
 
     d.  In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to contact DFAS who could not find any evidence of payments to Petitioner.   
                                
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board agreed that there is no evidence from the Defense Finance and Accounting Service (DFAS) that Petitioner was paid any ISP.  Petitioner was recommended for retention and the Board concluded Petitioner’s record determined he is warranted “Half” separation pay.  The Board finds the existence of an injustice warranting the following partial corrective action. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner authorized payment of "Half" Involuntary Separation Pay (ISP) based on his 19 November 2014 discharge.  Note:  The aforementioned separation pay will be offset by any Veterans Disability Compensation to which Petitioner is or becomes entitled. 
 
Note:  Payment of 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). 
 
Petitioner is to be issued a Correction to Certification of Release or Discharge from Active Duty (DD Form 215) correcting block 26.  Note:  NPC will determine appropriate Separation Code to warrant half separation pay. 
 
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.  
                                                             
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.