DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 7176-19 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 1920-040 (c) MILPERSMAN 1920-040 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 have determination of which separation program designator code (SPD) should be on his DD Form 214 effective January 30, 2017. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on April 9, 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 January 17, 2017, Petitioner issued BUPERS Order 0177, official separation orders. SPD code (JGH) and character of service (Honorable). c. On January 25, 2017, Petitioner signs NAVPERS 1070/613 for involuntary separation pay (ISP). d. On January 27, 2017, Navy Personnel Command issues letter 1910, PERS 93/01819, notifying Petitioner he is not eligible for Navy Reserve enlistment. e. On January 30, 2017, Petitioner discharged. DD Form 214 block 18. Separation payment $20,939.13, block 24. Character of service (Honorable), block 26. Separation Code (JGH), and block 28. Narrative reason for separation (Non-Retention on Active Duty). f. Petitioner’s Pay EntryBase Date is December 2, 1996. Projected eligibility for retirement on or after January 1, 2016. g. On November 5, 2018, Petitioner receives email from DFAS representative that the orders they have on file indicate SPD code (JBK). Petitioner will need to request BCNR to correct the record. h. On March 10, 2020, DFAS representative confirms Petitioner did not receive Involuntary Separation Pay (ISP) after separation. CONCLUSION Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective action. The Board determined all evidence in Petitioner’s record indicates that the Petitioner was separated effective January 30, 2017 with a Separation Program Designator Code (JGH). The Board concluded the Petitioner is warranted ISP payment based on SPD (JGH). RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner was authorized payment of "half" Involuntary Separation Pay (ISP) based on his January 30, 2017 discharge and attempt to join the Selected Reserve effective January 31, 2017, however, denied. 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.