Docket No 3197-20 

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) NAVADMIN 144/17 of 21 Jun 17 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) CMSB memo 1160 Ser B328/069 of 30 Apr 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 show Petitioner was eligible for and received a Selective Reenlistment Bonus (SRB). 
 
2.  The Board, consisting of  and  reviewed Petitioner’s allegations of error and injustice on 4 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, 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 15 January 2014 Petitioner enlisted in the U.S. Naval Reserve for 8 years.  
 
     c.  On 15 July 2014 Petitioner signed an agreement to extend enlistment for 12 months with an SEAOS of 27 July 2019.  Petitioner agreed to Training Five-Year Obligor Program for BM/5YO rating per current directives via COMNAVCRUITCOMINST 1130.8J (Enlistment Guarantee) Annex A.  Subsequently, Petitioner was reclassified via COMNAVCRUITCOMINST 1130.8J (Enlistment Guarantee) Annex B cancelling agreement to extend enlistment.  
 
     d.  On 28 July 2014 Petitioner entered active duty with an EAOS of 27 July 2018.  
 
     e.  On 6 August 2014 Petitioner signed an agreement to extend enlistment for 12 months with an SEAOS of 27 July 2019.  Petitioner will be trained in the Advanced Technical Field (ATF). 
 
     f.  On 6 August 2014 Petitioner signed an agreement to extend enlistment for 12 months with an SEAOS of 27 July 2020.  Petitioner will be advanced in rate and grade per MILPERSMAN 1430-010. 
 
     g.  On 16 May 2015 Petitioner was advanced to E-3/ASAN. 
   
     h.  On 1 March 2017 Petitioner was issued official change duty orders (BUPERS order: 0607) which required obligated service to May 2020. 
 
     i.  On 7 April 2017 Petitioner transferred from  
 
     j.  In accordance with reference (b), this NAVADMIN announces revised Selective Reenlistment Bonus (SRB) award levels and reenlistment policy for Active Component (AC) and Full-Time Support (FTS).  This NAVADMIN supersedes reference (a).  2. Decreased award levels are effective 30 days after notification through this NAVADMIN or posting on the Navy Personnel Command website. 
 
Reenlistment requests for the following SRB award levels will be approved based on quota availability. SRB reenlistment requests must be submitted to Enlisted Career Administration/Enlisted Boards (PERS-813) 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 90 days and in the same fiscal year as their End of Active Obligated Service (OBLISERV (EAOS)), except in the following cases: a. Nuclear trained Sailors.  b. Sailors eligible for combat zone tax exclusion (CZTE) are authorized to reenlist anytime within the same fiscal year as their EAOS.  These Sailors, along with CCC must annotate in the remarks section of the precertification request whether they are currently CZTE eligible or serving in a qualified hazardous duty area.  A condition of approval of their precertification request is that the reenlistment of the Sailor occurs in a month during which CZTE qualification applies.  c. Sailors who received an Early Promote in block 45 of their most recent regular periodic evaluation will be allowed to reenlist early any time within the fiscal year of their EAOS.  No transfer, concurrent, or special evaluations will apply.  Sailors advanced within the 12 months prior to their EAOS will be allowed to substitute the last regular periodic evaluation in 
their previous pay grade.  Personnel must e-mail a signed copy of the evaluation to PERS-81 once their precertification has been submitted.  This requirement is only for those that fall under the provisions of this paragraph.  Furthermore, a zone “A” SRB with an award level of 0.5 ($30,000 dollar award ceiling) for the ND/5343 rate/NEC was authorized. 
 
     k.  On 28 August 2017, Commander, Navy Personnel Command notified Commanding Officer,  that the command’s request had been approved.  Petitioner could be advanced to ND3 upon successful completion of A-school, however an advancement date had not been determined and members profile sheet would be updated once an advancement date had been established.  
 
     l.  On 19 October 2017 Petitioner’s OPINS request was submitted, however Petitioner’s SRB request was rejected on 20 October 2017. 
 
     m.  On 24 October 2017 Petitioner completed Diver Second Class course and earned a NEC M2DV (Legacy NEC Code: 5343).    
 
     n.  On 24 October 2017 Petitioner reenlisted for 6 years with an EAOS of 23 October 2023. 
 
     o.  On 24 October 2017 Petitioner transferred and arrived to  and IMF on 20 November 2017 for duty. 
 
     p.  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 at the time of reenlistment, Petitioner’s Enlisted Master File did not reflect the proper ND rate; therefore, the SRB precertification was erroneously rejected.      
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
The 6 year immediate reenlistment contract (NAVPERS 1070/601) executed on 24 October 2017, listed a rate of NDSN vice ASAN. 
 
Note: This change will entitle the member to a zone “A” SRB with an award level of 0.5 ($30,000 award ceiling) for the ND rate.  Remaining obligated service to 27 July 2018 will be deducted from SRB computation. 
 
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. 
 
 
6/15/2021
Deputy Director