DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 775-19 
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) MCO P1900.16F 

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 3 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.  In accordance with reference (b), Marines discharged as a result of Alcohol Abuse Rehabilitation Failure meet the eligibility criteria to receive half ISP.

     c.  Petitioner enlisted in the Marine Corps Reserve on 17 June 2008 for a term of 8-years with a 4-year active duty obligation. 

     d.  Petitioner’s Armed Forces Active Duty Base date was 26 May 2009.

     e.  Petitioner reenlisted in the Marine Corps on 22 September 2012 for a term of 4-years. 

     f.  On April 27, 2016, Commanding General,        , approved the Petitioner be administratively discharged from the United States Marine Corps for Alcohol Rehabilitation Failure.

     g.  Petitioner was discharged on 20 May 2016.  At the time of discharge, Petitioner completed 6-years, 11-months and 25-days of active duty service, received a separation code of “GPD1” and a reentry code of “RE-04”. 

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 half ISP in accordance with reference (b).  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 “half” Involuntary Separation Pay (ISP) based on his  20 May 2016 discharge.  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 Headquarter Marine Corps, 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 Headquarters Marine Corps.  

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. 

3/16/2020