DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE  1001
ARLINGTON,  VA  22204-2490

Docket No. 6456-18 
Ref: Signature Date

From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy

Subj:

Ref:  (a) Title 10 U.S.C. §1552

Encl: (1) DD Form 149 w/attachments
      (2) HQMC memo 5420 MMEA of 13 Feb 18
      (3) Subject’s naval record

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 Fiscal Year 2018 (FY18) Aircraft Maintenance Kicker.

2. The Board, consisting of	, reviewed Petitioner’s allegations of error and injustice on 12 July 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 Petitions naval records, 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 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 submitted an extension request on 23 September 2015 for a term of 23 months for the purpose of transferring his Post-9/11 GI Bill education benefits, which was approved on 19 January 2017. Per MARADMIN 350/17 FY18 Marine Corps Selective Reenlistment Bonus (SRB) Program Policy published on 5 July 2017.  On 1 August 2017, Petitioner submitted a reenlistment request, which was approved on 14 November 2017. On 22 November 2017, Petitioner executed a reenlistment contract for a term of 5 years and 10 months. Due to the processing and approval time of Petitioner’s reenlistment request, his 23-month extension went into effect causing him to become ineligible for the Aircraft Maintenance Kicker.

RECOMMENDATION

That Petitioner’s naval record be corrected, where appropriate, to show that:

The 23-month NAVMC 321A, Agreement to Extend Enlistment, dated 20 January 2016 is null and void.

Paragraph 8b (Remarks) of the DD Form 4/1 (Oct 2007) executed on or about “7 October 2017 for a term of 4 years and 1 month” vice “22 November 2017 for a term of 5 years and 10 months. “REENLISTED FOR THE FOLLOWING INCENTIVE(S): PER MARADMIN 350/17 THIS MARINE IS ELIGILBE FOR A SELECTIVE REENLISTMENT BONUS (SRB) AIRCRAFT MAINTENANCE KICKER ESTIMATED AT $20,000, LESS APPLICABLE STATE AND GOVERNMENT TAXES” vice “ZONE C SRBP AMOUNT $20,000 PER MARADMIN 350/17 THIS MARINE IS ELIGILBE FOR A SELECTIVE REENLISTMENT BONUS (SRB) AVIATION MAINTAINER KICKER ESTIMATED AT $20,000, LESS APPLICABLE STATE AND GOVERNMENT TAXES.”

Petitioner’s end of active service and end of current contract should be changed to 6 November 2021 within the Marine Corps Total Force System (MCTFS).

Note: Defense Finance and Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay and allowances.

A copy of this Report of Proceedings will be filed in Petitioner’s naval record.

4. It is certified that 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.