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 
 (b) DoDI 1304.29 of 15 Dec 04 
            (c) Title 37 U.S.C. §308 
 (d) NAVADMIN 119/18 of 14 May 18 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) BUPERS memo 1160 Ser B328/035 of 21 Feb 2020 
        (3) 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 of Naval Records (Board), requesting that his naval record be corrected to show Petitioner’s reenlistment contract was under NEC MMDV vice M1DV, and received a Selective Reenlistment Bonus (SRB). 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 23 February 2021 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 17 November 2004, Petitioner entered active duty. 
 
     c.  In accordance with reference (b) [15 December 2004], Zone C is applicable to reenlistments or extensions falling between 10 to 14 years of active service. 
 
     d.  In accordance with reference (c), a member who agrees to train and reenlist for service in a military skill which, at the time of that agreement, is designated as critical, may be paid the bonus approved for that skill, at the rate in effect at the time of agreement, upon completion of training and qualification in that skill, if otherwise qualified under this subsection and even if that skill is no longer designated as critical at the time the member becomes eligible for payment of the bonus.  
 
     e.  On 28 October 2014, Petitioner reenlisted for 4 years. 
 
     f.  In accordance with reference (d) [14 May 2018], This NAVADMIN announces revised Selective Reenlistment Bonus (SRB) award levels and reenlistment policy for Active Component (AC) and Full-Time Support (FTS), and supersedes reference (a).  Increased award levels are effective immediately and decreased levels are effective 30 days after the release of this NAVADMIN.  Reenlistment requests for the following SRB award levels will be approved based on quota availability.  SRB reenlistment requests for FTS are currently not being accepted.  SRB reenlistment requests for AC must be submitted to Community Management Support Branch (BUPERS-328) via Officer Personnel Information System (OPINS) or Navy Standard Integrated Personnel System (NSIPS) 35 to 120 days in advance of the requested reenlistment date for the Sailor.  Sailors must reenlist within 180 days of their EAOS.  Furthermore, a zone “C” SRB with an award level of 7.0 ($90,000 award ceiling) for the ND/MMDV (5341) rate/NEC was authorized.  
 
     g.  On 2 August 2018, Commanding Officer, ,  notified Commander, navy Personnel Command recommending Petitioner attend Master Diver Course which will conclude on 31 October 2018.   
 
     h.  On 2 August 2018, Petitioner agreed to an active duty obligation for 1 month to gain the total OBLISERV required via administrative remarks (NAVPERS 1070/613). 
 
     i.  On 8 August 2018, Petitioner was issued authorization for TDY travel for 38 days effective 25 September 2018 to ,  for training.  
 
     j.  On 5 September 2018, Admin Officer (NUWC, 00MIL) notified BUPERS-328 of Petitioner’s Precertification request had been submitted via NSIPS. 
 
     k.  On 15 October 2018, Petitioner’s OPINS request was cancelled by NPC. 
 
     l.  On 18 October 2018, BUPERS-328 notified  , 00MIL that “If he passes and is promoted to Master Diver, then it is logical to believe that would he would have passed and been promoted when originally scheduled while still in Zone C.  You have, what I believe to be, a pretty solid case for a BCNR.  Had it not been for a hurricane the Sailor would have reenlisted for Zone C SRB as a Master Diver”      

     m.  On 29 October 2018, Petitioner submitted a command career request (NPPSC 1160/1) requesting a 6 year reenlistment effective 31 October 2018 and no SRB eligibility was listed.  Request was approved by cognizant authority on 31 October 2018. 
 
     n.  On 31 October 2018, Petitioner reenlisted for 6 years. 
 
     o.  On 17 November 2018, Petitioner crossed out of zone “C”. 
 
     p.  On 10 December 2018, Commanding Officer, Naval Diving and Salvage Training Center notified Commanding Officer,  that Petitioner attended Master Diver course from 26 November 2018 to 14 December 2018 and earned Master Diver NEC MMDV.  
 
     q.  On 17 December 2018, Petitioner graduated and earned Master Diver qualification.  Furthermore, he earned NEC MMDV (5341).  
 
     r.  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 partial corrective action.  The Board concluded that Petitioner started the reenlistment process in a timely manner and he was scheduled to earn the NEC on the date of reenlistment; however, Petitioner’s Master Diver course was postponed due to a hurricane and Petitioner reenlisted without the new NEC. The Board decided that even though Petitioner was no longer in zone “C” upon graduation, the postponement of his school was not in Petitioner’s control; therefore, he should be awarded the SRB in accordance with reference (c).    
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
A waiver request for exception to policy was submitted prior to reenlistment and it was received and approved by cognizant authority.   This reenlistment contract was contingent upon Petitioner’s successful completion of the training requirements for ND MMDV (5341) rate/NEC. 
 
Note:  This change will entitle the member to a zone “C” SRB with an award level of 7.0 ($90,000 award ceiling) for the ND/MMDV (5341) rate/NEC.  Remaining obligated service to 27 November 2019 will be deducted from SRB computation. 
 
That part of the Petitioner's request for corrective action that exceeds the foregoing is denied.  The Board did not agree with the backdating of Petitioner’s graduation date to line up with his 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.