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

Docket No.  4013-20
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) Title 10 U.S.C. §140Ia(t) 
     (c) Title 37 U.S.C. §3702 (a)(l)(A) and (b)(l)(2019) 

Enct (1) DD Form 149 
     (2) History of Assigrunents 
     (3) DFAS ltr dtd 14 Apr 20

1.  Pursuant to the provisions ofreference (a) Subject, hereinafter referred to as Petitioner, filed enclosure ( 1) with this Board requesting, in effect, that the applicable naval record be corrected to reflect timely submission of claim for underpayment of retired pay. 

2. The Board,            reviewed Petitioner's allegations of error and injustice on 9 June 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 enclosures, relevant portions of Petitioner's naval 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. In accordance with reference (b ), the "Tower" computation is used to prevent pay inversions for members that are eligible for retirement, but chose to stay on active duty, has a lower retirement pay when they actually retire than they otherwise would have received had they retired on the earlier date. 

c. Petitioner transferred to the Retired List effective 1 May 2012. See enclosure (2) 

d. On 14 April 2020, Defense Finance and Accounting Service (DFAS) notified Petitioner of being underpaid retirement pay since his transfer to the Retired List on 1 May 2012. See enclosure (3) 

CONCLUSION
 
Upon review and consideration of all the evidence of record, the Board members find the existence of error and injustice warranting favorable corrective action. However, upon Petitioner retiring, DFAS failed to utilize the "Tower" computation to calculate retirement pay in accordance with reference (b ). Although DF AS discovered that Petitioner's retired pay was being calculated incorrectly, reference (c), the Board concluded that Petitioner was eligible and that full relief is warranted. 

RECOMMENDATION 

That Petitioner's naval record be corrected, where appropriate, to show that: 

Petitioner made a timely submission of claim for underpayment of retired pay from date of retirement on l May 2012. Note: DFAS will complete an audit of Petitioner' s pay records to detemine Petitioner's retroactive pay. 

4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)) 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. The foregoing action of the Board is submitted for your review and action.