From:   Chairman, Board for Correction of Naval Records 
To:       Secretary of the Navy 
 
Subj:    REVIEW OF NAVAL RECORD ICO   
 
 
Ref:     (a) Title 10 U.S.C. 1552 
 
Encl:   (1) DD Form 149 
 (2) Advisory Opinion  
 
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that Petitioner’s naval record be corrected to reinstate his eligibility to receive retired pay at age 60.   
                                              
2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 12 November 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 the 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.  Petitioner entered service with the Marine Corps Reserve in 1987.  During his career, he served approximately one year and 10 months of active duty service but qualified for Reserve Retired Pay based on his years of Reserve service.  On 28 November 2017, Petitioner was notified that he was eligible to request retired pay at age 60.  However, prior to submitting his retirement request, Petitioner was processed within the Disability Evaluation System for a knee condition in May 2020 and found unfit by the Physical Evaluation Board (PEB) on 6 July 2020.  The PEB assigned him a 10% disability rating which qualified him for separation with severance pay and he was discharged by the Marine Corps on 15 August 2020.     
                                   
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief.  Specifically, the Board determined that Petitioner should be placed on the Retirement List for Reserve Retired Pay at age 60 effective the day prior to his discharge from the Marine Corps.  While the Board found no evidence Petitioner requested retirement upon notification of his eligibility on 28 November 2017, the Board concluded it would be an injustice to deny him a transfer to the Reserve Retirement List prior to his discharge.  Failing to allow Petitioner to transfer to the Retirement List prior to his discharge would result in his retirement pay being calculated based on pay tables in effect at the time of his discharge vice his 60th birthday and create a significant injustice in his record.  In the Board’s opinion, Petitioner’s oversight in failing to request transfer to the retirement list was reasonable in light of the circumstances involving Petitioner’s disability processing.  
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by transferring Petitioner to the Retirement List for Reserve Retired Pay at age 60 effective the day prior to his discharge from the Marine Corps.            
 
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.