DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 10926-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 (2) HQMC memorandum 1820 MMSR-5 of 13 Feb 20 1. Pursuant to the provisions of the reference, Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to place him on the retirement list for pay at age 60. He stated his understanding that he would be required to repay his severance pay as a debt to the government. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 19 March 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 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 regulation within the Department of the Navy. b. Petitioner entered service with the Marine Corps in 1980. On 14 May 2002, he was notified of his eligibility for retirement pay at age 60. After entering a period of active duty in 2003, Petitioner was referred to the Physical Evaluation Board (PEB) for a disability condition. After being found unfit for continued naval service, he elected to be discharged with severance pay rather than retired with eligibility for retirement pay at age 60. He was eventually discharged with severance pay of $156,470.40 in November 2003 at the paygrade of O5. c. In an advisory opinion (AO) attached at enclosure (2), the office having cognizance over Petitioner’s request to be placed on the retirement list recommended that he be placed on the retirement list for retirement pay at age 60. The AO determined that Petitioner possessed the necessary years of qualifying service to be placed on the list. However, due to time in grade requirements, the AO recommended that he be retired at the paygrade of O4. Petitioner was provided a copy of the AO based on the recommended lower retirement grade but did not respond to the opinion. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief. In this regard, the Board concurred with the AO. Specifically, the Board determined that Petitioner possessed the required service time to qualify for placement on the retired list for pay at age 60 when he elected to be discharged with severance pay pursuant to the PEB’s findings. Since Petitioner also had the option to select retirement in lieu of disability proceedings under the disability regulations, the Board concluded that it would be an injustice to not allow him to be placed on the retirement list with pay at age 60 provided he is required to repay his severance pay to the government. Since Petitioner acknowledged the requirement to do so, the Board agreed that it was in the interests of justice to grant the relief he seeks. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by transferring him to the Retired Reserve Awaiting Pay at Age 60 list with 23 years, 4 months, and 28 days of qualifying service at the paygrade of O4. Petitioner’s effective transfer date is 1 December 2003. He is required to repay any severance pay received as part of his involuntary disability discharge. 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 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.