Docket No 3115-20

 
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 of April 2016 
 
Encl:  (1) DD Form 149 w/attachments 
       (2) BUPERS memo 1160 Ser 8328/074 of 8 May 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 her 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 reviewed Petitioner’s allegations of error and injustice on 11 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, she exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a.  On 22 March 2017, Petitioner reenlisted for a term of 4-years. 
 
     b.  Petitioner’s NAVPERS 1616/26, Evaluation Report & Counseling Record (E1-E6), Special report reflect being recommended for retention and advancement for period of report from 16 June 2018 through 31 August 2018. 
 
     c.  On 17 May 2019, Petitioner completed Dental Hygienist course and earned Navy Enlisted Classification (NEC) code L35A/8708 effective 1 May 2019. 
 
 
     d.  Petitioner’s NAVPERS 1616/26, Evaluation Report & Counseling Record (E1-E6), detachment of individual report reflect being recommended for retention and advancement for period of report from 1 September 2018 through 27 May 2019. 
 
     e.  Petitioner’s NAVPERS 1616/26, Evaluation Report & Counseling Record (E1-E6), periodic report reflect being recommended for retention and advancement for period of report from 28 May 2019 through 15 June 2020. 
 
     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.  On 16 September 2020, Petitioner concurred with adjusting her contract term from 4-years to 5-years. 
 
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, a STAR request was not submitted to the cognizant authority before reenlisting on 22 March 2017, thereby rendering Petitioner ineligible for STAR reenlistment or advancement upon earning NEC L35A. 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 22 March 2017 for a term of “5-years” vice “4-year” under the provisions of the STAR program. 
 
Petitioner advanced to Hospital Corpsman Second Class Petty Officer (HM2) effective  
17 May 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. 

6/29/2021
Deputy Director