Severance pay entitlement???

Hello all,

First, I need to thank all of you who have been very helpful in providing proper guidance in regards to my PEB back in NOV 2011. To summarize: I was given 60% from the VA, and "NOT RATED" "TO BE SEPARATED WITHOUT COMPENSATION' From Active Duty (USN).

My discharge orders state:

- SEVERANCE PAY IS NOT AUTHORIZED PER SECNAVINST 1850.4C. PURSUANT
TO 10 USC 1174 AND SECNAVINST 1900.7. IF MEMBER IS ENTITLED TO
SEPARATION PAY, DISBURSING OFFICE MAKING FINAL PAYMENTS UTILIZE
SECNAVINST 1900.7 TO COMPUTE SEPARATION PAY AMOUNT COMPUTED TO
DISCHARGE DATE. IN ACCORDANCE WITH CNO MESSAGE 292308Z JUL 91,
COMMANDING OFFICER DETERMINES ELIGIBILITY FOR TRANSITION ASSISTANCE
........................................................
BENEFITS FOR INVOLUNTARY SEPARATION.
- ON 28 NOV 2011 THE SECRETARY OF THE NAVY AFTER CONSIDERATION OF
RECORD OF PROCEEDINGS OF PHYSICAL EVALUATION BOARD CONVENED IN YOUR CASE FOUND YOU TO BE NOT PHYSICALLY QUALIFIED TO PERFORM THE DUTIES OF YOUR RANK AND NOT ENTITLED TO THE BENEFITS OF 10 U.S.C., CHAPTER 61.

With this above information, I am now confused and here's why:

I met with the local PSD office to begin the discharge paperwork, and the PSD agent immediately said, "Actually, you ARE entitled to severance pay due to the note, or exemption, listed here for your discharge code".

Now, I'm totally willing to accept the check IF, and ONLY IF, I am legally entitled to it. If, I am not, then obviously I am not interested in having to pay/give back over $20K.

Can anyone provide insight into this? I am more than willing to share more information if it helps make a better, solid answer.

THANK YOU ALL!!
 
Hold the phone. The PEB stated your unfitting condition was EPTS w/o aggravation? Did the VA rate the condition the PEB sated was EPTS w/o aggravation. Did the PEB provide clear and unmistakable evidence the condition was EPTS w/o aggravation? How many years of active duty do you have. We need to talk. Please send me a PM.


Mike
 
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