DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 4701-18 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) Title 10 U.S.C. § 1552 Encl: (1) DD Form 149 w/attachments (2) OPNAVINST 1160.8A of 30 Jan 07 (3) C-W A Y-REEN Quota Management Plan Business Rules of 7 Jul 14 (4) NA VPERS I 070/621, Agreement to Extend Enlistment, of 9 Apr 15 (5) NAY ADMIN 106/15 of30 Apr 15 (6) NAVPERS 1070/601, Immediate Reenlistment Contract, of24 Jul 15 (7) BUPERS memo 1160 SerB328/158 of13 Nov 18 (8) Subject's naval record 1. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction ofNaval Records (Board) requesting, in effect, that the applicable naval record be corrected to establish entitlement to a zone "B" Selective Reenlistment Bonus (SRB). 2. The Board, reviewed Petitioner's allegations of error and injustice on 14 June 2019 and, pursuant to its regulations, detennined 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 records, and applicable statutes, regulations and policies. 3. Toe 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 with.in the Department of the Navy. b. Per OPNA VINST 1160.8A, paragraph 16.a. "SRB reenlistment requests must be submitted through the OPINS/FORMAN computer program 35 to 120 days prior to the requested reenlistment date to allow sufficient time for processing." Petitioner did not submit an SRB precertification request ( enclosure (2) )­ c. On 7 July 2014, Career Waypoints (C-W A Y) Reenlistment Quota Management Plan Business Rules published the following: "An automatic 13-month expiration date will be assigned to each C-W A Y-REEN In-Rate quota. Under extenuating circumstances, C-W A Y­REEN In-Rate quotas may be extended by the cognizant Enlisted Community Manager (ECM) for the following reasons: (1) Selective Reenlistment Bonus." Petitioner did not have an approved C-WAY ( enclosure (3) ). d.On or about 9 April 2015, Petitioner signed a NA VPERS I 070/621, Agreement to Extend Enlistment for a term of 3-months. Prior to Petitioner submitting the extension, his End of Active Obligated Service (EAOS) was 2 May 2015 (enclosure (4)). e. On 30 April 2015, a NA V ADMIN message was published listing a Tier One, Zone "B" SRB with an award level of 1.5 for the rating/NEC, :MM:SS(AUX)/42XXA (enclosure (5)). f.On or about 24 July 2015, Petitioner executed an NA VPERS I 070/60 I, Immediate Reenlistment Contract, for a term of 6 years for the "BENEFITS OF RA TE". Prior to Petitioner reenlisting, his End of Active Obligated Service (EAOS) was 2 August 2015 (enclosure (6)). g. In correspondence attached as enclosure (7), the office having cognizance over the SRB program recommend that the Board disapprove the Petitioner's request. The advisory opinion states the following: "A review of the documents provided in the member's request show that the member reenlisted for 6 years on 24 July 2015 for benefits of rate. His rate MMA and NEC 42XXA was listed on reference ( c) [NA V AD MIN 106/15] as being eligible for SRB. However, Petitioner did not request for an SRB within 35 and 120 days of his reenlistment date as he was undecided on his career intentions. He was advised by his Command Career Counselor that he would not be eligible for an SRB since his request was not submitted within 3 5 to 120 days as directed by reference (b) [OPNAVINST 1160.SA] and (c)." Therefore, Petitioner was not eligible for the Zone B, Tire 1, MM(SS) (AUX)/42XXA, SRB award of 1.5 for the 6 year reenlistment of 24 July 2015. See enclosures (2) and (5). CONCLUSION Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (7), the Board finds the existence of an injustice warranting corrective action due to the following: The Board substantially fowid that the following factors favored relief.: Petitioner contacted his Command Career CoWiselor (CCC) 32 days prior to his Expiration of Active Obligated Service (EAOS) with his intension of reenlisting. Petitioner's CCC informed Petitioner that he would submit Petitioner's request for a C-WAY quota, but also informed him that he would not be eligible for a Selective Reenlistment Bonus (SRB). The Board foWid that Petitioner's CCC did not properly advise Petitioner about requesting a C-W A Y quota and SRB precertification despite Petitioner's indecision about his intentions of staying in the Navy. The Board further found that had Petitioner been properly advised, he would have taken the appropriate steps to ensure he was eligible for an SRB at the appropriate time. RECOMMENDATION That Petitioner's naval record be corrected, where appropriate, to show that: Petitioner's command submitted an OPINS request in a timely manner, in accordance with OPNA VINST 1160.8A. Furthennore, the request was received and approved by cognizant authority. Note: This change will entitle the Petitioner to a Tier One, Zone "B" SRB with an award level of 1.5 (60,000 dollar award ceiling) for the MM(SS) (AUX)/42XXA rating/NEC. 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.