DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 7044-20 Ref: Signature Date 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) OPNAVISNT 1160.8A of 30 Jan 07 (c) NAVADMIN 305/18 dtd 17 Dec 18 Encl: (1) DD Form 149 w/attachments (2) CMSB memo 1160 Ser B328/142 of 13 Oct 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 2 February 2019 vice 1 February 2019 in order to maximize Selective Reenlistment Bonus (SRB). 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 29 April 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. In accordance with reference (b) [30 January 2007], existing SRB Contractual Service Agreements. SRB may not be paid for any service remaining on the current enlistment (for members reenlisting early), including non-operative Agreement(s) to Extend Enlistment / Agreement(s) to Remain on Active Duty). Exceptions apply only to: …. b. Extensions for personnel who cancel the extension before it becomes operative and immediately reenlist for at least two years beyond the extension agreement. A maximum of 24 months of an inoperative extension may be used for SRB computations. c. On 3 February 2015, Petitioner entered active duty with an EAOS of 2 February 2019. d. On 3 February 2015, Petitioner signed an agreement to extend enlistment for 12 month with an SEAOS of 2 February 2020. e. On 3 December 2015, Petitioner signed an agreement to extend enlistment for 12 month with an SEAOS of 2 February 2021. f. In accordance with reference (c) [17 December 2018], this NAVADMIN corrects policy for Combat Zone Tax Exclusion (CZTE) and Early Promote (EP) Sailors and announces revised selective reenlistment bonus (SRB) award levels and reenlistment policy for active component (AC) and full-time support (FTS) and supersedes 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 Community Management Support Branch (BUPERS-) 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 180 days of their EAOS, except in the following cases: a. Nuclear-trained Sailors. b. Sailors who must OBLISERV to execute a permanent change of station move will be allowed to reenlist early any time within one calendar year of the detachment month, but not later than the date of detachment from the last intermediate duty station. c. CZTE and EP Sailors who submitted SRB requests on or before the release of NAVADMIN 302/18 will be grandfathered under paragraph 5 of reference (e). Finally, a zone “A” SRB with an award level of 2.5 (75,000 dollar award ceiling) for the STS rate was authorized. g. On 1 February 2019, Petitioner reenlisted for 4 years and received an SRB payment. h. On 21 August 2019, Petitioner signed an agreement to extend enlistment for 1 month with an SEAOS of 28 February 2021. 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 personnel who cancel an extension before it becomes operative and immediately reenlist for at least 2 years beyond the extension agreement will not have the extension count against them, and that a maximum of 24 months of an inoperative extension may be used for SRB computations. Through no fault of his own, Petitioner failed to have 2 years beyond the extension and therefore he only received 24 months of SRB. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner was discharged and reenlisted on 1/2 February 2019, vice on 31 January/1 February 2019 for a term of 4 years. Note: This change will entitle the member to a zone “A” SRB with an award level of 2.5 ($75,000 dollar award ceiling) for the STS rate. Defense Finance and Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay. Finally, this change will not affect the member's agreement to extend enlistment for 1 month. 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. 5/29/2021 3