DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 4521-18 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 of 18 Mar 18 (2) Enlistment Bonus Message Program dtd 25 Oct 06 (3) Petitioner's DD Form 1966 eff31 Jan 07 (4) Petitioner's NAVCRUIT 1133/52 Annex "A" dtd 31 Jan 07 (5) Petitioner's NAVCRUIT 1133/52 Annex "B" dtd 24 Mar 07 (6) Petitioner's DD Form 4/1,4/2 and 4/3 dtd 11 Apr 07 (7) Petitioner's NSIPS Member Data Summary pages 1-4 (8) Navy Recruiting Command (NPC) Advisory Opinion (AO) Ser N35 dtd 18 Sep 18 1. Pursuant to the provisions of the reference, Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to establish his entitlement to an Enlistment Bonus Source Rate (EBSR). 2. The Board, reviewed Petitioner's allegations of error and injustice on 17 May 2019, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Docwnentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner's naval records, and applicable statutes, regulations, and policies. 3. The Board, having reviewed all the facts ofrecord pertaining to Petitioner's allegations of error and injustice, finds as follows: a.Before applying to this Board, the Petitioner exhausted all administrative remedies available under existing law and regulation within the Department of the Navy. b. On 25 October 2006, the updated Enlistment Bonus Program message was published and provided Enlistment Bonus entitlement to individuals who enter the Navy's Delayed Entry Program (DEP) on or after 29 October 2006. The following criteria applied: Members are selected for an EBSR, which is listed on governing Enlisted Bonus Program message. Members must ship to recruit training per the timeframe listed on Enlistment Bonus Program message (Active Component). In addition, members selected to the Rating/Skill of Machinist Mate/School Guarantee (MM-SG) must ship between June 2007 through October 2007 in order to receive entitlement to EBSR in the amount of $4,000 (enclosure (2)). c. On 31 January 2007, Petitioner entered the DEP. Petitioner's Record of Military Processing Armed Forces of the United States (DD Form 1966) listed a projected shipping date of 4 June 2007 (enclosure (3)). d. On 31 January 2007, Petitioner signed an Enlistment Guarantee (NA VCRUIT 1133/52) Annex "A" for the rating preference 3rd choice of Machinist Mate. This guarantee is contingent with providing Petitioner to option (1): Surface Engineer Mechanical/Repair Job/Occupational Grouping and option (2): Enlistment Bonus in the amount of $4,QOO ( enclosure ( 4 )). e. On 24 March 2007, Petitioner signed an Enlistment Guarantee (NAVCRUIT 1133/52) Annex "B" for option (1): SG/Machinist Mate "A" School Guarantee. Petitioner's prior option (2): $4,000 was not entered (enclosure (5)). f.On 11 April 2007, Petitioner's active duty service commenced with a 4-year enlistment term. Petitioner's Enlistment/Reenlistment (DD Form 4/3), authorized enlistment in the active component and Petitioner shipped to recruit training on 11 April 2007 (enclosure (6)). g. On 11 April 2007, Petitioner gained the rating/paygrade of MMFAIE~2. Petitioner was listed as a designated striker (enclosure (7)). h. On 18 September 2018, NPC :furnished an unfavorable AO pertaining to Petitioner's request for entitlement to EBSR in the amount of $4,000. The AO concluded that Petitioner was eligible to an Enlistment Bonus in the amount of $4,000 per Enlistment Guarantee {NA VCRUIT 1133/52) Annex "A" signed on 31 January 2007 however, Petitioner's Enlistment Guarantee (NA VCRUIT 1133/52) Annex "B" signed on 24 March 2007 did not provide an Enlistment Bonus. Hence, Enlistment Guarantee Annex "B" listed option (1): SQ/Machinist's Mate "A" School Guarantee and option (2): NIA. Therefore, Petitioner was no longer eligible for the Enlistment Bonus since option (2) provided no monetary amount (enclosure (8)). CONCLUSION Upon review and consideration of all the evidence of record, and notwithstanding the opinion expressed in enclosure (8), the Board finds the existence of an injustice and recommends that the Petitioner's record be corrected to show that an Enlistment Bonus in the amount of $4,000. Petitioner's Annex "B" and shipping date caused the Petitioner to be no longer eligible for the Enlistment Bonus therefore, Enlistment Bonus eligibility was not provided on his Annex "B". There was no evidence suggesting that shipping date was change due to Petitioner's decision and/or action. Hence, the Board determined that Petitioner should receive Enlistment Bonus entitlement as indicated in his Annex "A". RECOMMENDATION That Petitioner's naval record be corrected, where appropriate, to show that: Petitioner's Enlistment Bonus per governing Enlistment Bonus Program message dated 26 October 2006 in the amount of $4,000 has been waived by the NPC. The waiving authority has approved the appropriate changes to the Enlistment Guarantee (NAVCRUIT 1133/52) Annex "B" of the DD Form 4 dated 31 January 2007. Petitioner's Enlistment Guarantee (NAVCRUIT 1133/52) Annex "B" of the DD Fonn 4 dated 31 January 2007 is modified to reflect: Option 2: "$4,000", vice Option 2: "N/A". The Navy Personnel Command (PERS-811), PSD Charleston, or Ballston Spa, New York will pay the Enlistment Bonus as appropriate (all documentation shall be corrected first). A copy of this Report of Proceedings will be filed in Petitioner's naval record. 4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)), 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. The foregoing action of the Board is submitted for your review and action.