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 
 (b) MARADMIN 716/18 of 20 Dec 18 
 
Encl:   (1) DD Form 149 w/attachments 
 (2) HQMC memo 1070 MPO of 3 Apr 20 
        (3) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to establish entitlement to Continuation Pay (CP). 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 1 October 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 record, 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a.  In accordance with reference (b), Marines who enrolled in Blended Retirement System (BRS) and complete 12 years of service (YOS) may be eligible for a one-time CP payment in exchange for an agreement to service four (4) additional years of obligated service, to run concurrent with any existing service obligation.  For the purpose of CP eligibility, 12 YOS is defined as 12 years and zero days of service as calculated from the Marine’s Pay Entry Base Date (PEBD). 
 
     b.  Petitioner’s PEBD is 7 July 2007.  
 
     c.  Petitioner enrolled into the BRS on 28 June 2018. 
 
     d.  Petitioner’s last day eligible to elect CP was 6 July 2019. 

     e.  Petitioner signed NAVMC 11905, Active Duty Blended Retirement System (BRS) Continuation Pay Statement of Understanding (SOU) on 19 December 2019 and elected lump sum payment. 
 
     f.  In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the request has merit and warrants favorable action.  Petitioner’s case indicates the existence of an injustice in his record that warrants the requested relief because he did not receive the required notice of eligibility for CP prior to his 12-year anniversary date. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective action.  Petitioner enrolled in BRS in 2018; however, he failed to make the election for CP in accordance with reference (b) prior to passing the service deadline of 12 years.  Petitioner may have been unaware of the deadline (i.e., 12 year anniversary date) to accept CP in order to receive payment of CP because of the programming error in the Marine Corps Total Force System.  The Board found that had Petitioner received timely notification to elect CP, he would have followed proper procedures prior to going over 12 years of service. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner, in coordination with his command completed the required Statement of Understanding prior to reaching 12 years of service and submitted it to Commandant of the Marine Corps (CMC) for inclusion in the Petitioner’s Official Military Personnel File.   
 
CMC validated Petitioner’s CP eligibility and released CP authorization to Defense Finance and Accounting Service (DFAS).  Note:  DFAS will complete an audit of Petitioner’s pay records to determine retroactive pay entitlement.   
                                                             
A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 
 
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.