DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 01 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 6362-19 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) DODI 1332.29 (c) MILPERSMAN 1920-040 Encl: (1) DD Form 149 w/attachment (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 14 May 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. The Board made the following findings: a. In accordance with reference (b), there are two basic criterions to receive ISP. Eligible Service members must prior to separation enter into a written agreement to serve in the Ready Reserve for a period of 3-years and must sign a mandatory disclosure statement regarding the consequences of collecting retired/retainer pay or Veterans Affairs disability compensation after receiving ISP. Additionally, reference (c), authorizes half separation pay for “non-retention eligible” individuals that separate as a result of High Year Tenure (HYT). b. Petitioner’s Active Duty Service Date was 13 June 2003. c. Petitioner reenlisted on 6 December 2013 for a 6-year term. d. Petitioner received a Special Evaluation Report and Counseling Record for the period of 16 November 2018 to 23 November 2018. Petitioner was found guilty at Commanding Officer’s Non-judicial Punishment, reduced in rank and not recommended for retention. e. Petitioner received a Periodic Evaluation Report and Counseling Record for the period of 24 November 2018 to 15 March 2019 and was recommended for retention. f. Petitioner received a Detachment of Individual Evaluation Report and Counseling Record for the period of 24 November 2018 to 12 June 2019. Not Observed evaluation was submitted upon Petitioner’s separation from Naval Service. g. Petitioner was discharged on 12 June 2019 as a result of reaching HYT. At the time of discharge, Petitioner was issued notification of denial to serve in the Individual Ready Reserve dated 29 June 2019. 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 eligibility criteria to receive half ISP in accordance with references (c); however, as a result of administrative oversight, ISP processing documents were not completed prior to being discharged. Although the prop RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner, in coordination with his command completed the required written agreement, NAVPERS 1070/613, Administrative Remarks on 23 November 2018 and submitted it to Commander, Navy Personnel Command for inclusion in Petitioner’s Official Military Personnel File. Petitioner’s DD Form 214, Certificate of Release or Discharge from Active Duty executed on 12 June 2019, modified to read block 26 (Separation Code) “JGH” vice“JBK” and block 28 (Narrative Reason for Separation) "Non-retention on Active Duty" vice "Completion of Required Active Service". Petitioner was authorized payment of "half" Involuntary Separation Pay (ISP) based on his 12 June 2019 discharge. Note: Petitioner is required to sign a mandatory disclosure statement per reference (b) prior to the processing of ISP. A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 4. 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 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.