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) MILPERSMAN 1100-011 
            (c) MILPERSMAN 1160-030 
 (d) CNRFC ltr 1100 Ser N00/0041 of 23 Mar 16 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) NPC ltr 1000 Ser 97/037 of 15 Apr 19 
        (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 her naval record be corrected to reflect expiration of obligated service (EOS) as 15 July 2021 vice 9 December 2020 to receive a Navy Reserve Affiliation Bonus. 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 9 February 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, found that, before applying to this Board, she exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
    a.  In accordance with reference (b), the period served in the Delayed Entry Program (DEP) counts towards fulfillment of military service obligation (MSO).  Reference (c), requires the term of enlistment contract to meet or exceed the period of service for which already obligated. 
 
    b.  On 16 July 2013, Petitioner enlisted in the U.S. Naval Reserve for a term of 8-years; 4 years of which were an active duty obligation.   
 
    c.  On 10 December 2013, Petitioner was accessed into active duty service after serving 5 month in DEP.  
 
    d.  On 1 December 2017, Petitioner signed NAVRES Incentive Agreement 1-2, Written Agreement for the Navy Reserve Affiliation Bonus for the Aerographer’s Mate (AG) rating and 3-year term. 
 
    e.  On 9 December 2017, Petitioner was released from active duty and transferred to the Navy Reserve to complete her MSO through 15 July 2021.  Petititioner had 3-years, 7-months and 7-days remaining on contract. 
 
    f.  Petitioner executed a reenlistment effective 10 December 2017 for a term of 3-years; contract did not meet or exceed Petitioner’s 15 July 2021 MSO. 
 
    g.  Petitioner affiliated with the drilling Navy Reserve in a Selected Reserve status effective  
10 December 2017. 
 
    h.  Petitioner reenlisted on 14 July 2020 for a term of 3-years. 
 
    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.  Petitioner met the eligibility criteria for a Navy Reserve Affiliation Bonus in accordance with reference (d).  However, because of administrative error, Petitioner’s  
10 December 2017 term of reenlistment did not meet or exceed her MSO, thereby rendering the contract invalid and impeding her ability to obtain the Navy Reserve Affiliation Bonus.  Although the proper administrative requirements were not completed, the Board felt that under these circumstances, relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s NAVPERS 1070/601, Immediate Reenlistment Contract dated 10 December 2017 for a term of 3-years is rescdinded.  Note:  Petitioner’s EOS prior to this reenlistment was  
15 July 2021. 
 
This change will entitle Petitioner to a 3-year, Tier 2, Navy Reserve Prior Service Affiliation Bonus for the AG rating effective 10 December 2017. 
 
Note:  Defense Finance and Accounting Service will complete an audit of Petitioner’s pay records to determine bonus entitlement. 
 
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.