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

Docket No. 10595-18  
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) MARADMIN 350/17 
      (c) MARADMIN 310/18 
 
Encl:  (1) DD Form 149 w/attachments 
       (2) HQMC memo 5420 MMEA of 29 Jan 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 a Zone “A” Selective Reenlistment Bonus (SRB) with Lateral Move 72-Month Initiative. 

2.  The Board, consisting of                                                                   , reviewed Petitioner’s allegations of error and injustice on 7 February 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, 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.  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.

     c.  Reference (b), was published announcing the Fiscal Year 2018 (FY18) SRB and FY18 Broken Service SRB (BSSRB) program on 5 July 2017. 

     d.  Petitioner’s Armed Forces Active Duty Base date is 13 November 2012. 

     e.  Petitioner executed NAVMC 321A, Agreement to Extend Enlistment on 2 October 2017 for a term of 4-month, awaiting Headquarters Marine Corps (HQMC) adjudication on Reenlistment Extension Lateral Move (RELM) request.  End Current Contract (ECC) change to 12 March 2018.

     f.  Petitioner executed NAVMC 321A, Agreement to Extend Enlistment on 13 March 2018 for a term of 3-month, to have sufficient time to finish Lateral Move (LM) to contracting.  ECC change to 12 June 2018. 

     g.  Petitioner submitted a RELM requesting to reenlist for 72-months for Primary Military Occupational Specialty (PMOS) 0241 on 18 May 2018. 

     h.  Reference (c), was published announcing Change 2 to the FY18 SRB and FY18 BSSRB Program on 4 June 2018.  This change terminated the FY18 SRB 30-days after release of this message for Marines with an ECC during FY18.

     i.  Petitioner executed NAVMC 321A, Agreement to Extend Enlistment on 6 June 2018 for a term of 1-month, awaiting HQMC adjudication on RELM request.  ECC changed to 12 July 2018. 

     j.  On 6 July 2018, HQMC approved Petitioner’s reenlistment request for 48-months vice 72­months. 

     k.  Petitioner executed DD Form 4, Enlistment/Reenlistment Document on 12 July 2018 for a term of 72-months in PMOS 0241 vice approved 48-months.

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.  In accordance with reference (b), Petitioner met the basic eligibility criteria to receive a FY18 SRB in PMOS 0241 and a LM 72 Month Initiative at the time of RELM submission.  However, because reference (c), terminated the FY18 SRB, consequently Petitioner was ineligible for either of the aforementioned incentives at the time of his 12 July 2018 reenlistment.  The Board felt that untimely processing of Petitioner’s request resulted in disqualification and therefore under these circumstances, a measure of relief is warranted. 

RECOMMENDATION 

That Petitioner’s naval record be corrected, where appropriate, to show that: 

On 3 July 2018, Petitioner’s RELM was approved by HQMC to reenlist for 72-months.
  
Petitioner executed DD Form 4, Enlistment/Reenlistment Document on 3 July 2018 (vice 12 July 2018) for a term of 6-years.   

This change will entitle Petitioner to the FY18 Zone “A” LM SRB in the amount of $27,000 (before taxes) and FY18 LM 72 Month Initiative in the amount of $40,000 (before taxes).  Note: Remaining obligated service to 12 July 2018 will be deducted from SRB computation.   

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. 


4/20/2020