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

Docket No. 1043-21
Ref: Signature Date 
 
Dear 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 15 June 2021.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies. 
 
Public Law 225, 3 February 1944 announced mustering-out payments to members of the armed forces, and for other purposes.  
 
Mustering-Out Payment Act of 1944 eligibility states that That (a) except as provided in subsection (b) of this section, each member of the armed forces who shall have been engaged in active service in the present war, and who is discharged or relieved from active service under honorable conditions on or after December 7, 1941, shall be eligible to receive mustering-out payment. 
 
Mustering-out payment for persons eligible under section 1 shall be in sums as follows: (1) $300 for persons who, having performed active service for sixty days or more, have served outside the continental limits of the United States or in Alaska, (2) $200 for persons who, having performed active service for sixty days or more, have served no part thereof outside the continental limits of the United States or in , and (3) $100 for persons who have performed active service for less than sixty days. 
 
On 29 March 1950, you entered recruit training with the , and were separated on 1 June 1950.  On 22 April 1953, you were honorably discharged from the National Guard of .  On 23 April 1953, you signed a statement of 8-year obligation in the U.S. Navy.  You entered active duty, and you were discharged on 15 August 1956.  Furthermore, your DD Form 214 listed “Recommend for reenlistment.  No MOP paid 15 August 1956”.  On 29 August 1956, Record of Discharge, Release from Active Duty, or Death (NAVPERS-601/NAVSANDA-512) was issued with the following payments: Elected Cash Settlement for unused leave and Payment of discharge gratuity was not directed. 
 
You requested Mustering-Out Payment (MOP) pay; the Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board relied on your NAVPERS-601/NAVSANDA-512, which stated that payment of discharge gratuity was not directed. This was confirmed on your DD Form 214, which listed “No MOP paid 15 August 1956.”  The Board concluded that you are not entitled to MOP.  
 
You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.   
 
Sincerely, 

7/26/2021
Deputy Director