From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO FORMER   
 
Ref: (a) Title 10 U.S.C. 1552 
 
Encl:   (1) DD Form 149 w/attachments 
 
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 place him on the retired list. 
                                              
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 31 October 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 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 active duty with the Navy in March 1992 and served without incident until 2008 when he was placed on limited duty for a left shoulder condition.  After serving two additional periods of limited duty, a medical board was convened on 10 March 2011 that diagnosed Petitioner with subacromial bursitis/impingement left shoulder and acromioclavicular joint arthritis left shoulder.  He was referred to the Physical Evaluation Board (PEB), which found him unfit for continued naval service due to subacromial bursitis impingement left shoulder and assigned him a 20% disability rating.   Petitioner was discharged from the Navy on 30 September 2011 with severance pay pursuant to the PEB findings.  At the time of his discharge, Petitioner had 19 years, 6 months, and 19 days of creditable service toward retirement. 
                                     
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 discharging Petitioner within six months of earning lifetime retirement benefits created an injustice meriting relief.  While the Board felt no error was committed by the PEB or Navy, they decided granting Petitioner service 
credit to allow him to retire with 20 years of service would alleviate the injustice they believe exists in his record.  They based their decision, in part, on Petitioner’s stellar performance and honorable service with the Navy.   
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by granting Petitioner sufficient active duty service credit to reach retirement eligibility with at least 20 years of creditable service and retroactively placing him on the retired list effective the earliest date he was eligible for placement on the retired list after reaching 20 years of service.     
 
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.