Docket No 2674-20

 
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) MILPERSMAN 1160-100 
       (c) Career School Listing dtd 18 Oct 18 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) BUPERS memo 1160 Ser B328/061 of 27 Mar 20 
        (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 reflect reenlistment and advancement under the provisions of the Selective Training and Reenlistment (STAR) program. 
 
2.  The Board, consisting of  and  reviewed Petitioner’s allegations of error and injustice on 18 May 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a.  Petitioner meritoriously advanced to Hospital Corpsman Third Class (HM3)/E-4 effective 1 July 2018. 
 
     b.  On 29 January 2019, Petitioner reenlisted for a term of 4-years.  End of Active Obligated Service (EAOS):  28 January 2023. 
 
     c.  On 4 March 2019, Petitioner was issued BUPERS Order:  0639 (Official Change Duty Orders). 
 
     d.  Petitioner’s NAVPERS 1616/26, Evaluation Report & Counseling Record (E1-E6), periodic report for HM3/E-4 reflect being recommended for retention and advancement for 
period of report from 1 July 2018 through 15 June 2019.  Thereafter, the report was amended to a detachment of individual report and the end date was extended to 5 September 2019. 
 
     e.  On 11 October 2019, Petitioner completed Enlisted Navy Recruiting Orientation course and earned Navy Enlisted Classification (NEC) code 803R effective 1 October 2019.  Note:  Member Data Summary indicates Petitioner was advanced to Hospital Corpsman Second Class (HM2)/E-5 effective 11 October 2019 under the “STAR Program As Authority For Advance”. 
 
     f.  Petitioner’s NAVPERS 1616/26, Evaluation Report & Counseling Record (E1-E6), periodic report for HM3/E-4 reflect being recommended for retention and advancement for period of report from 6 September 2019 through 15 June 2020. 
 
     g.  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.  On 14 October 2020, Petitioner concurred with adjusting his reenlistment date and contract term from 4-years to 5-years. 
 
     h.  Petitioner reenlisted on 15 January 2021 for a term of 3-years.  EAOS:  14 January 2024. 
 
     i.  Petitioner’s NAVPERS 1616/26, Evaluation Report & Counseling Record (E1-E6), periodic report for HM2/E-5 reflect being recommended for retention and advancement for period of report from 16 June 2020 through 15 March 2021. 
 
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 met the eligibility criteria for reenlistment and advancement under the provisions of the STAR program in accordance with references (b) and (c).  However, Petitioner reenlisted on 29 January 2019 prior to receiving BUPERS Order:  0639 and a STAR request was not submitted to the cognizant authority, thereby rendering Petitioner ineligible for STAR reenlistment or advancement upon earning NEC 803R.  Although the proper administrative requirements were not completed, the Board felt that under these circumstances, relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
STAR program request was submitted and received by cognizant authority 60-days in advance of the Petitioner's requested reenlistment date; it was approved.   
 
Petitioner executed NAVPERS 1070/601, Immediate Reenlistment Contract on “5 March 2019” vice “29 January 2019” for a term of “5-years” vice “4-year” under the provisions of the STAR program.  Note:  Reenlistment executed on 15 January 2021 is rescinded. 
 
This change authorizes Petitioner’s advancement to HM2/E-5 effective 11 October 2019.   
 
A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 
 
4.  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.  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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 
 
Sincerely,
6/25/2021
Deputy Director