Docket No. 5719-20
Ref: Signature Date
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO          , USN,   
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) NAVADMIN 272/19 dtd 2 Dec 19 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) CMSB memo 1160 Ser B328/128 dtd 15 Sep 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’s 16 month agreement to extend enlistment did not account against SRB. 
                                              
2.  The Board, consisting of,  reviewed Petitioner’s allegations of error and injustice on 18 March 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 25 January 2016, Petitioner entered active duty. 
 
     c.  On 25 January 2016, Petitioner reenlisted for 4 years with an End of Active Obligated Service (EAOS)  of 24 January 2020.  Furthermore, Petitioner signed two 12 month agreements to extend enlistment, with a Soft End of Active Obligated Service (SEAOS) of 24 January 2022. 
 
     d.  On 9 October 2019, Petitioner signed an agreement to extend enlistment for 16 months in order to incur sufficient obligated service to execute BUPERS order 2499. 
 
     e.  On 29 April 2020, Petitioner was issued an official modification to change duty orders  (BUPERS order: 2499).   
 
     f.  In accordance with reference (b) [2 December 2019], this NAVADMIN announces revised selective reenlistment bonus (SRB) award levels and reenlistment policy for Active Component (AC) and Full-Time Support (FTS), updates to the pay for performance pilot (a Sailor 2025  
initiative) and changes to how future SRB award levels will be announced.  SRB award levels and reenlistment policy listed in this NAVADMIN supersede those contained in 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 listed 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 the 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 270-days of their end of active obligated service (EAOS), except in the following cases: Nuclear-trained Sailors, Sailors who must obligate service (OBLISERV) to execute a permanent change of station move will be allowed to reenlist early any time within 1 Calendar Year of the detachment month, but not later than the date of detachment from the last intermediate duty station.  Petitioner’s ND/M2DV rate/NEC, zone “A” authorized a 2.5 award level with a 45,000 dollar award ceiling. 
 
     g.  On 17 January 2020, Petitioner reenlisted for 6 years.  
 
     h.  On 26 August 2020, Petitioner transferred, and arrived to new duty station on 14 September 2020. 
 
     i.   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 if Petitioner had been counseled to reenlist rather than extend enlistment he would have received a higher SRB entitlement. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
The 16 month agreement to extend enlistment (NAVPERS 1070/621) executed on 9 October 2019 is null and void. 
 
Note: This change will entitle the member to a zone “A” SRB with an award level of 2.5 (45,000 dollar award ceiling) for the ND/M2DV rate/NEC.  Remaining obligated service to 24 January 2020 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.