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

Docket No. 624-19  
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) MILPERSMAN 3860470 

Encl: (1) DD Form 149 w/attachments 
      (2) 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 show Petitioner requested retirement prior to her physical disability separation.  

2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 17 September 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 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, 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. On 29 August 1973, Petitioner enlisted into the U.S. Navy Reserve. 

c. On 5 April 1979, Petitioner was discharged, and reenlisted on 13 April 1979, in the U.S. Navy Reserve. 

d. On 21 October 1994, the President, Physical Evaluation Board acting for the Secretary of the Navy considered the physical condition of members of the Naval service as referred by a medical board to determine individual’s fitness for duty and found unfit to perform the duties of her office, grade, rank or rating due to a physical disability.  Petitioner was rated a 10% with a Disability Code of 5003. 

e. 2 February 1995, BUPERS notified DFAS of physical disability separation authorization for severance pay. 

f. On 7 February 1995, Petitioner was discharged by reason of physical disability. 

g. On 4 May 1995, Petitioner was issued a notification of eligibility (NOE) to receive retired pay at age 60 and participate in the reserve component survivor benefit plan (RCSBP). 

CONCLUSION 

Upon review and consideration of all the evidence of record, and especially in light of the contents of reference (b), the Board finds the existence of an injustice warranting the following corrective action. The Board concluded that Petitioner was not aware of ramifications of her decision to except physical disability separation.  Prior to separation, Petitioner had earned over 20 years of qualifying service to receive retried pay at age 60.
 
RECOMMENDATION
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 

Petitioner’s discharge dated 7 February 1995 is rescinded. 

Petitioner submitted to be transferred to the Retired Reserves awaiting pay at age 60 and it was approved by cognizant authority with an effective date of 31 January 1995. 

Petitioner submitted a request for retired pay at age 60 prior to  1952 (60th birthday), and was approved by cognizant authority.
 
Note: Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay and allowances. Furthermore, Petitioner may have received severance pay. 
 
A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 

4. It is certified that 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.