Docket No: 8727-19   
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD   
            
 
Ref:    (a) 10 U.S.C. 1552   
        (b) 10 U.S.C. 654 (Repeal) 
        (c) SECNAVINST 1850.4 series 
 
Encl:  (1) DD Form 149 (8727) 
 
1.  Pursuant to the provisions of reference (a), Petitioner, a retired enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting that her type of separation be changed from “Disability Retired” to “Retired” so that she may keep her full pension without a Veterans Affairs (VA) waiver deduction.  References (a) through (c) apply.  
 
2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 9 December 2019, 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 her naval service records, 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.  It is in the interest of justice to review the application on its merits.   
 
    c.  Petitioner enlisted in the Marine Corps and served honorably from 18 May 1999 until 31 July 2019.  Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214) reflects 20 years, 2 months and 13 days of net active service. 
 
 
    d.  Petitioner’s DD Form 214 reflects a narrative reason for separation as “Disability, Temporary, IDES” and a reentry (RE) code of RE-3P.  Petitioner’s type of separation was classified as “Temporarily Retired.”   
 
    e.  On 22 August 2019, Petitioner received a 90% disability rating from the VA. 
 
    f.  Petitioner requests correction to her military record to reflect her 20 years of active duty service, and categorize her as retired based on qualifying service rather than retired due to disability.  Petitioner makes this request because a VA waiver is deducted from disability retired gross pay but is not deducted from retired pay.  For Petitioner, this deduction amounts to approximately $900 per month.  Petitioner contends that her regular retirement based on 20 years of qualifying service allows her to keep her full pension without a VA waiver deduction. 
     
CONCLUSION: 
 
The Board considered Petitioner’s request for a change to her DD Form 214 to reflect a retirement based on qualifying service rather than a disability.  The Board noted that Petitioner honorably served over 20 years as an active duty Marine and qualifies for an active duty retirement.  Furthermore, granting Petitioner’s request is consistent with Department of the Navy’s policy.  
 
Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants full relief.  The Board found that Petitioner’s Certificate of Release or Discharge from Active Duty (DD Form 214) should be changed to reflect a retirement based on over 20 years of qualifying active duty service, along with correlated changes to her narrative reason for separation, a separation authority, SPD code, and a reenlistment code. 
 
In view of the above, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner’s naval record be corrected to show that on 31 July 2019, she was retired from the Marine Corps based on over 20 years of qualifying active duty service, and that her DD Form 214 be updated to reflect separation due to such retirement.  
 
That Petitioner be issued a new DD Form 214 which reflects her retirement based on over 20 years of qualifying active duty service, along with correlated changes to her narrative reason for separation, a separation authority, SPD code, and a reenlistment code.  
 
That a copy of this report of proceedings be filed in Petitioner’s naval record. 
 
That, upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 9 September 2019. 
 
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 Regulation, 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.