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

Docket No. 8413-18  
Ref: Signature Date  

From: Chairman, Board for Correction of Naval Records  
To:   Secretary of the Navy  

Subj: REVIEW OF NAVAL RECORD ICO 

Ref: (a) Title 10 U.S.C. §1552 

Encl: (1) DD Form 149 w/attachments 
      (2) NPC 1160 Ser B328/238 of 12 Dec 19 
      (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 modify an immediate reenlistment contract. 

2.  The Board, consisting of            , reviewed Petitioner’s allegations of error and injustice on 20 December 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 Petitions 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.  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. 

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.  Petitioner is a Full Time Support (FTS) (Branch Class 32) Sailor that erroneously executed NAVPERS 1070/601, Immediate Reenlistment Contract for a term of 3 years on 21 September 2018 in an Active status (Branch Class 11).  However, BUPERS-328 did not authorize Petitioner to reenlist in the active component.  Additionally, Petitioner’s contract executed on 21 September 2018 for 3 years (36 months) reflects a Reserve Active Duty Obligation (RADO) Months/Days of 000/000.  Therefore, the Board felt under these circumstances a measure of relief is warranted. 

RECOMMENDATION 

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

The 3-year NAVPERS 1070/601, Immediate Reenlistment Contract, executed on 21 September 2018 as BR/CL: “USN” and the RADO MONTHS/DAYS: “000/000” is null and void. 

Petitioner executed 3-year NAVPERS 1070/601, Immediate Reenlistment Contract, on 21 September 2018, to read BR/CL: “USNR”, and RADO MONTHS/DAYS: “036/000”, reflecting FTS reenlistment. 

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. 


3/25/2020