DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 4549-20 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO, USN, XXX-XX- Ref: (a) Title 10 U.S.C. § 1552 (b) OPNAVINST 1160.8B of 1 Apr 19 (c) NAVADMIN 108/20 of 15 Apr 20 Encl: (1) DD Form 149 w/attachments (2) CMSB memo 1160 Ser B328/102 of 29 Jun 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 reenlisted on 1 July 2020 for a term of 5 years and was eligible for and received an Selective Reenlistment Bonus (SRB). 2. The Board, consisting of Mr. , Mr. and Ms. , reviewed Petitioner’s allegations of error and injustice on 6 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 12 December 2011, Petitioner entered active duty. c.On 28 April 2017, Petitioner reenlisted for 5 years with an EAOS of 27 April 2022. d. In accordance with reference (b) [1 April 2019], reenlistment prior to the early reenlistment window for SRB is only authorized for the following circumstances in subparagraphs 16a(3)(a) through 16a(3)(h). Members who must obligate service to execute a permanent change of station move. Members may reenlist any time within the same fiscal year as the detachment month, but not later than the date of detachment from the last intermediate duty station. e. On 26 June 2019, Petitioner was issued an official change duty orders (BUPERS order: 1779) with no intermediate activity and with a required obligated service to July 2023. f. On 30 December 2019, Petitioner was issued an official modification to change duty orders (BUPERS order: 1779) listing an intermediate activity, and no change to his required obligated service to July 2023 was made. g. On 22 January 2020, Petitioner signed an agreement to extend enlistment for 15 months with a SEAOS of 27 July 2023. h. On 10 February 2020, Petitioner transferred from , and arrived to for temporary duty on 11 February 2020. i. In accordance with reference (c) [15 April 2020], this NAVADMIN announces revised selective reenlistment bonus (SRB) policy for Active Component (AC) and Full-Time Support (FTS), superseding reference (a). Sailors must now reenlist within 365-days of their end of active obligated service (EAOS) (as opposed to 270-days required in reference (a)), except in the case of Nuclear-trained Sailors who can reenlist at any point in the reenlistment zone, per guidance in reference (b). Commands are required to submit SRB reenlistment requests to the Enlisted Community 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 of the Sailor. Requests submitted less than 35 days prior to the requested reenlistment date will be rejected. However, commands may contact BUPERS-328 for waiver eligibility evaluation and procedural assistance. j. On 30 April 2020, FY20 SRB award plan (N13SRB 003/FY20) listed a zone “B” SRB with an award level of 5.5 ($60,000 dollar award ceiling) for the HM/L02A rate/NEC. k. On 11 May 2020, Petitioner was issued an official modification to change duty orders (BUPERS order: 1779) listing a second intermediate activity. l. On 4 June 2020, COMNAVPERSCOM rejected Petitioner’s SRB for the following reason: “Reenlistment does not meet early reenlistment criteria of OPNAVINST or current NAVADMIN. Member must reenlist in the same fiscal year as the members hard EAOS.” m. On 15 June 2020, Petitioner earned NEC L02A. n. On 3 July 2020, Petitioner transferred, and arrived to for duty with a PRD of 1 July 2023. o. 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 due to administrative oversight Petitioner should have obligated service by both an agreement to extend enlistment and Administrative Remarks in order to maximize SRB. Per reference (b), Petitioner should have reenlisted on no later than the date of detachment from the last intermediate duty station. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: The agreement to extend enlistment (NAVPERS 1070/621) executed on 22 January 2020 is for a term of 12 months, vice 15 months. Petitioner executed on 22 January 2020 an Administrative Remarks (NAVPERS 1070/613); fulfilling a 3 month agreement to extend enlistment in order to satisfy Petitioner’s obligated service to July 2023. Petitioner was discharged on 30 June 2020 and reenlisted on 1 July 2020 for a term of 5 years. Note: This change will entitle the member to a zone “B” SRB with an award level of 5.5 ($60,000 dollar award ceiling) for the HM/L02A rate/NEC. Remaining obligated service to 27 April 2022 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 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. 6/22/2021 Deputy Director