Docket No. 7513-20

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) NAVADMIN 091/20 of 26 Mar 20  
 
Encl:  (1) DD Form 149 w/attachments 
       (2) OCNO memo 1530 Ser N133D/412 of 20 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 9 September 2020 for 6 years and was eligible for and received Enlisted Supervisor Retention Pay (ESRP).      
                                              
2.  The Board, consisting of , , and , reviewed Petitioner’s allegations of error and injustice on 22 July 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 8 September 2010, Petitioner entered active duty. 
 
     c.  On 16 December 2016, Petitioner was advanced to . 
 
     d.  On 27 February 2017, Petitioner reenlisted for 4 years with an End of Active Obligated Service (EAOS)  of 26 February 2021. 
 
     e.  On 28 October 2019, Petitioner was issued official change duty orders (BUPERS order: 3019), with required obligated service to September 2023.  Furthermore, Petitioner was directed to an ultimate activity for duty at . 
 
     f.  On 20 December 2019, COMNAVPERSCOM notified command that Petitioner’s Selective reenlistment bonus (SRB) zone “B” was approved for a 5 year reenlistment with an effective date of 20 December 2019.  Furthermore, Petitioner reenlisted for 5 years with an EAOS of 19 December 2024. 
 
     g.  In accordance with reference (b), this NAVADMIN announces revised nuclear ESRP award levels and supersedes reference (a) [NAVADMIN 085/19].  SRB award levels for nuclear-trained Sailors are published separately in line with reference (b) [NAVADMIN 272/19] with updates posted on MyNavy Portal (MNP) under the *SRB* tab at WEBSITE.  The ESRP program provides a retention incentive to senior Navy nuclear-trained enlisted Sailors with highly specialized skills.  The legal authority for ESRP is contained in section 331 of reference (c) [TITLE 37 U.S. CODE].  Current ESRP requirements limit the program as follows:  a. The minimum reenlistment length is 3 years.  b. The maximum bonus amount for each year of additional obligated service (AOS) is limited to 30,000 dollars as stated in section 331 of reference (c).  The implication of this limit is that to earn a 100,000-dollar bonus the minimum AOS required is 40 months.  c. The maximum lifetime bonus amount is 360,000 dollars.   
 
ESRP Award Multiples.  Increased award levels are effective immediately and decreased levels are effective 30 days after the release of this NAVADMIN.  Updated ESRP multiple values for Zone 1 (at least 10, but not more than 14 YOS), Zone 2 (at least 14, but not more than 18 YOS) and Zone 3 (at least 18, but not more than 23 YOS) in line with reference (d) [CNO memo, ESRP policy memo]. 
 
ESRP Zone 1.  In addition to the requirements of reference (d), be assigned an active nuclear supervisor NEC (see paragraph 2).  ESRP Zone 2.  In addition to the requirements of reference (d), be a frocked E-7 or in the paygrade of E-7, E-8 or E-9 on the date of the ESRP Zone 2 reenlistment.  ESRP Zone 3.  In addition to the requirements of reference (d): 
 
To ensure the approval message is released in a timely manner, ESRP reenlistment requests will be submitted 35 to 120 days in advance of the desired reenlistment date.  Exceptions to this policy will be approved by the ESRP program manager on an individual basis.  Furthermore, a zone “1” ESRP with an award level of 8.0 for the EMNSS/N14S rate/NEC was authorized. 
 
     h.  On 11 June 2020, Petitioner was issued official modification change duty orders (BUPERS order: 3019), with required obligated service to September 2023.  Furthermore, Petitioner was directed to an ultimate activity for duty at . 
 
     i.  On 20 July 2020, Petitioner transferred from his old duty station. 
 
     j.  In correspondence attached as enclosures (2), the offices 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 Petitioner was required to obligate service to September 2023 which he accomplished by reenlisting on 20 December 2019 with a zone “B” SRB.  However, Petitioner’s SRB was cancelled due to him already having received a zone “B” SRB.  The Board concluded that Petitioner could have executed a 34-month extension in order to obligate service.  Petitioner entered ESRP Zone 1 on 8 September 2020 and met all ESRP Zone 1 requirements on that date.  As a result of enacting a 34-month extension, member's SEAOS would have been 26 December 2023, requiring a 6-year term reenlistment on 9 September 2020, which would meet all ESRP requirements.  
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner executed a 34-month agreement to extend enlistment (NAVPERS 1070/621) on 20 December 2019. 
 
Petitioner was discharged and reenlisted on 8/9 September 2020, vice on 19/20 December 2019 for a term of 6 years vice 5 years. 
 
Note: This change will entitle Petitioner to a zone “1” ESRP with an award level of 8.0 for the EMNSS/N14S rate/NEC.  Any questions regarding ESRP bonus calculation or payments should be addressed to the ESRP program manager at 703-604-5502 or email at nxag_nl33d3@navy.mil. 
                                                            
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. 
 
 
8/9/21

Deputy Director