Docket No 7535-20
										 
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) Current Career School Listing (CSL) of 18 Oct 18 
       (c) NAVADMIN 272/19 dtd 11 Jun 19 
       (d) Current Career School Listing (CSL) of 21 Jan 20 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) CMSB memo 1160 Ser B328/167 of 1 Dec 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 advanced to E-5 on 7 August 2019 via selective training and reenlistment (STAR) and back pay and allowances. 
                                              
2.  The Board, consisting of  and  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 23 January 2017, Petitioner entered active duty with an EAOS of 22 January 2021 and a SEAOS of 22 January 2023. 
 
     c.  In accordance with reference (b) [18 October 2018], CSL listed courses for those qualified in submarines or the nuclear field: “…ETN-3353/83 Submarine Nuclear Propulsion Plan Operator – Reactor Control with an obligated service of 6 years with the following note: MPM 1160-100 OUTLINES the OBLISERV requirements for STAR program reenlistment.” 
 
     d.  On or about 1 January 2019, Petitioner earned NEC N13O. 

     e.  On 11 March 2019, Petitioner arrived to USS  for duty. 
 
     f.  In accordance with reference (c) [11 June 2019], this NAVADMIN announces revised Selective Reenlistment Bonus (SRB) award levels and reenlistment policy for Active Component (AC) and Full-Time Support (FTS), superseding 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 180-days of their end of active obligated service (EAOS), except in the following cases: a. Nuclear-trained Sailors.  b. 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.  c. Combat zone tax exclusion and Early Promote (EP) Sailors who submitted SRB requests on or before the release of NAVADMIN 302/18, Selective Reenlistment Bonus Update December 2018 and the Implementation of a Pay for Performance Pilot, will be grandfathered under paragraph 5 of reference (e).  Furthermore, this change will entitle the member to a zone “A” SRB with an award level of 10.0 ($100,000 award ceiling) for the ETN(SS)/N13O rate/NEC was authorized.  
 
     g.  On 7 August 2019, Petitioner reenlisted for 6 years with an EAOS of 6 August 2025.   
Petitioner’s immediate reenlistment contract listed an SRB zone A with an award level of 10 via STAR.  
 
     h.  In accordance with reference (d) [21 January 2020], CSL listed courses for those qualified in submarines or the nuclear field: “…ETN-N130/N230 Submarine Nuclear Propulsion Plan Operator – Reactor Control with an obligated service of 6 years with the following note: MPM 1160-100 OUTLINES the OBLISERV requirements for STAR program reenlistment.” 
 
     i.  On 27 February 2020, Petitioner reenlisted for 6 years with an EAOS of 26 February 2026.  Petitioner’s immediate reenlistment contract listed an SRB zone A with an award level of 10.  Petitioner was paid for 61 months.  
 
     j.  On 27 February 2020, Petitioner was advanced to ETN2/E-5 via STAR. 
 
     k.  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 Petitioner was initially approved to receive SRB for a 6-year reenlistment on 7 August 2019 under STAR and advancement to E-5 upon reenlistment. Due to administrative errors, the contract was not processed in a timely manner and the SRB was reapproved to reenlist in February 2020, therefore, Petitioner was not advanced to E-5 until 27 February 2020.  
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
The 6-year immediate reenlistment contract (NAVPERS 1070/601) executed on 27 February 2020, is null and void. 
 
Petitioner was discharged on 6 August 2019 and reenlisted under the provisions of the STAR program on 7 August 2019 for a term of 6 years. 
 
Petitioner was advanced to E-5 on 7 August 2019 vice 27 February 2020. 
 
Note: This change will entitle the member to a zone “A” SRB with an award level of 10.0 ($100,000 dollar award ceiling) for the ETN(SS)/N13O  rate/NEC.  Remaining obligated service to 22 January 2021 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. 
 
          
6/25/2021
Deputy Director