DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 2955-18 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO USMC Ref: (a) Title 10 U.S.C. § 1552 Encl: (1) DD Form 149 w/attachments (2) Agreement to Extend Enlistment (NAVMC 321A) of20 Apr 15 (3) MARADMIN 350/17 of 5 Jul 17 (4) RELM request of 7 Sep 17 (5) MARADMIN 520/17 of 18 Sep 17 (6) Unit Diary Card of26 Sep 18 (7) RELM request, TFRS-13367131, of 1 Nov 17 w/CO Signature (8) FY18 SRB Program Statement of Understanding of 8 Nov 17 (9) FY 18 SRB Kicker/Initiative Statement of Understanding of 8 Nov 17 (10) DD Form 4 of 10 Nov 17 (11) FY 18 SRB Program Statement of Understanding of 11 Nov 17 (12) FY18 SRB Kicker/Initiative Statement of Understanding of 11 Nov 17 (13) DD Form 4 of 11 Nov 17 (14) DD Form 4 of ll Nov 17 (15) HQMC memo 5420 MMEA of 9 Oct 18 1. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to establish entitlement to a Fiscal Year 2018 (FY18) Selective Reenlistment Bonus (SRB) in the amount of$16,250.00 vice $8,250.00. 2. Petitioner's allegations of error and injustice on 26 April 2019 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 records, and applicable statutes, regulations and policies. 3. The Board, having reviewed all the facts ofrecord 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 20 April 2015, Petitioner signed a 7-month Agreement to Extend Enlistment (NA VMC 32 IA) for the PURPOSE: For Obligated Service for PCS to MCC TJA. Petitioner's new End of Active Service was 29 May 2018. See enclosure (2). c. On 5 July 2017, MARADMIN 350/17, Fiscal Year (FY18) Selective Retention Bonus (SRB) Program and FYI 8 Broken Service SRB (BSSRB) Program was published. FYI 8 SRB policy provided that Early Reenlistment Kicker: "Marines in Zone A, B, and C who have submitted for a 48 month reenlistment between 5 Jul 17 through 30 Sept 17 with a PMOS that is listed in sections 3 .1, 3 .m, and 3 .n, and are subsequently approved, will rate 10,000.00 Early Reenlistment Kicker in addition to the bonus amount listed in section 3 .1, 3 .m, and 3 .n. After September 30, 2017, this Early Reenlistment Kicker will expire." See enclosure (3). d. On 7 September 2017, Petitioner submitted Reenlistment Extension Lateral Move (RELM) request for a FY18, 48-month reenlistment under his primary MOS of 2621, for a Zone C, SRB in the amount of$16,250.00. See enclosure (4). e. On 7 September 2017, the RELM reflects the Career Planner's signature certifying Petitioner's signature and submission of the RELM. See enclosure (4). f. On 18 September 2017, MARADMIN 520/17, Change I to the Fiscal Year 2018 (FYl8) Selective Retention Bonus/(SRB) Program and FY18 Broken Service SRB (BSSRB) Program was published. The purpose of Change 1 to the FYl8 SRB policy: "This bulletin announces change 1 to ref (A), the SRB program and the BSSRB program authorized for FY18. Reclassification efforts of the 06xx, 26xx, 28xx, 43xx, and the 46xx communities come into effect on October 1, 2017. The FY 18 SRB plan will change to meet the requirements of the reclassification on October 1, 2017." "3. Key elements of the SRB reclassification changes. Changes to ref (A) paragraph 3.n in dollars: PMOS E7 & Above 2621 16,250 Becomes: 2629 8,250" See enclosure (5). g. On 19 September 2017, Battalion Major signed off on Petitioner's RELM request after entering his comments. See enclosure (4). h. On 26 September 2017, a Unit Diary Card was published stating that Petitioner's primary MOS had been converted from 2621 to 2629. See enclosure (6). i. On 1 November 2017, the Commanding Officer signed and dated the RELM approving the reenlistment. Petitioner also signed off and dated the form stating, "I have read and understand the content of this authority and further understand I accept this Reenlistment authority." See enclosure (7). j. On 8 November 2017, Petitioner executed an FY 18 SRB Program Statement of Understanding, stating, "I, understand that I am entitled to a SRB, less taxes withheld, in the amount of $8,250 for reenlistment in SRB Zone C, Grade E7, in MOS 2629, for 48 months additional obligated service." See enclosure (8). k. On 8 November 2017, Petitioner executed an FYI 8 SRB Kicker/Initiative Statement of Understanding, stating, "I, understand that I am entitled to a SRB Kicker or Initiative, less taxes withheld, in the amount of $10,000 for meeting all requirements in order to receive the respective additional bonus amount." EARLY REENLSITMENT KICKER. "I certify that my reenlistment request was submitted prior to 30 September 2017 to Headquarters Marine Corps." See enclosure (9). l. On IO November 2017, Petitioner executed a 4-year and I-month Enlistment/Reenlistment Document -Armed Forces of the United States (DD Form 4). "REENLISTED FOR THE FOLLOWING INCENTIVE(S): ZONE C SRBP AMOUNT $18,250. Per MARADMIN 350/17 this Marine is eligible for a Selective Retention Bonus (SRB) Kicker in the amount of $10,000, less applicable state and government taxes." See enclosure (10). n. On 11 November 2017, Petitioner executed an FYI 8 SRB Kicker/Initiative Statement of Understanding, stating, "I, understand that I am entitled to a SRB order to receive the respective additional bonus amount." EARLY REENLSITMENT KICKER. "I certify that my reenlistment request was submitted prior to 30 September 2017 to Headquarters Marine Corps." See enclosure (12). o. On 11 November 2017, Petitioner executed a 4-year and 2-month Enlistment/ Reenlistment Document -Armed Forces of the United States (DD Form 4). "REENLISTED FOR THE FOLLOWING INCENTIVE(S): ZONE C SRBP AMOUNT $18,250. Per MARADMIN 350/17 this Marine is eligible for a Selective Retention Bonus (SRB) Kicker in the amount of $10,000, less applicable state and government taxes." See enclosure (13). p. On 11 November 2017, Petitioner executed a 4-year and 7-month Enlistment/ Reenlistment Document -Armed Forces of the United States (DD Form 4). "REENLISTED FOR THE FOLLOWING INCENTIVE(S): ZONE C SRBP AMOUNT $18,250. PER MARADMIN 350/17 THIS MARINE IS ELIGIBLE FOR A SELECTIVE RETENTION BONUS (SRB) KICKER IN THE AMOUNT OF $10,000, LESS APPLICABLE ST ATE AND GOVERNMENT TAXES." See enclosure (14). q. In correspondence attached as enclosure (15), the office having cognizance over the subject matter addressed in Petitioner's application has commented to the effect that the request has no merit and warrants no favorable action. The advisory opinion states the following: "Per enclosure (2) [TRFS-13367161 ], on 22 September 2017, submitted a reenlistment request to this office. On 26 September 2017, PMOS changed from 2621 to 2629. On 30 October 2017, this officer approved reenlistment request in his PMOS of 2629. reenlisted on 11 November 2017. Per enclosure (3) [MARADMIN 520/17], published 18 September 2017, states that PMOS 2621 that rated $16,250.00 would change to PMOS 2629 that rates $8,250.00. At the time of SNMs reenlistment, he held the PMOS of 2629." CONCLUSION Upon review and consideration of all the evidence of record, and notwithstanding the opinion expressed in enclosure ( 1 ), the Board finds the existence of an error/injustice warranting corrective action. The panel relied heavily on the Petitioner's Official Military Personnel File and Petitioner's statement. Petitioner submitted his request for reenlistment and it was approved by his command based on MARADMIN 350/17 (Selective Retention Bonus). Furthermore, the request arrived to HQMC on 22 September 2017; however, due to administrative oversight the command failed to realize MARADMIN 520/17 had published decreasing Petitioner's SRB effective 1 October 2017. Had the command known of the change, a new request to change his reenlistment date could have been submitted in a timely manner. RECOMMENDATION That Petitioner's naval record be corrected, where appropriate, to show that: Petitioner's Reenlistment Extension Lateral Move (RELM) was submitted, reviewed and approved by Headquarters Marine Corps on 22 September 2017 vice 30 October 2017. Petitioner's DD Form 4 (Enlistment/Reenlistment Contract -Armed Forces of the United States) executed on 10 November 2017 and 11 November 2017 all be removed. Petitioner was discharged on 24 September 2017 and reenlisted on 25 September 2017 for a term of 4 years and 2 months. Note: This change will entitle the member to a zone "C" SRB for MOS 2621, which is capped at $16,250 for 48 months of additional obligated service. Remaining obligated service to 29 October 2017 will be deducted from SRB computation. Furthermore, this change will entitle the member to an Early Reenlistment Kicker of $10,000. Finally, Defense Finance and Accounting Service (DFAS) will complete an audit of Petitioner's records to determine if Petitioner is due any back pay. A copy of this Report of Proceedings will be filed in Petitioner's naval record. 4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)) 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. The foregoing action of the Board is submitted for your review and action.