Docket No. 4273-19  
Ref:  Signature Date  
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) CMSB memo 1160 Ser B328/152 of 09 Aug 2019 
      (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 show Petitioner’s corrected (Pay Entry Base Date) PEBD was used in order to recalculate previous paid Selective Reenlistment Bonus (SRB) zones “A” and “B”.  

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 5 May 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.  On 11 February 1997, Petitioner enlisted in the Army National Guard and was discharged on 11 February 2000. 

c.  On 17 May 2000, Petitioner entered active duty in the U.S. Navy. 

d.  On 20 April 2004, Petitioner reenlisted for 4 years and received a zone “A” SRB. 

e.  On 31 October 2007, Petitioner reenlisted for 4 years and received a zone “B” SRB. 

f.  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. The Board concluded that Petitioner’s PEBD did not include time spent in the Army National Guard prior to his enlistment in the U.S. Navy.  When Petitioner reenlisted both in 2004 and 2007, the SRB was calculated with an erroneous PEBD. Currently, Petitioner’s PEBD is updated in his financial record; however, Petitioner’s reenlistment contracts require correction and SRB recalculation. 

RECOMMENDATION 

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

The immediate reenlistment contract (NAVPERS 1070/601) executed on 20 April 2004 listed a PEBD of “16 May 1997” vice “17 May 2000”. 

The immediate reenlistment contract (NAVPERS 1070/601) executed on 31 October 2007 listed a PEBD of “16 May 1997” vice “17 May 2000”. 

Note: Defense Finance and Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any SRB back pay. 

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.