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

Docket No. 8073-18 
Ref: Signature Date 

This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

A three-member panel of the Board, sitting in executive session, considered your application on 6 December 2019.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies.  In addition, the Board considered the advisory opinion contained in Navy Personnel Command memorandum 1160 Ser B328/169 dated 30 November 2018 a copy of which was previously provided to you for comment.
 
On 29 May 2014, you reenlisted for 4 years with an end of active obligated service (EAOS) of 28 May 2018.  On 21 June 2017, NAVADMIN 144/17 (Selective Reenlistment Bonus Update) was published with the following information: Active Component SRB award levels for Tier Three AG rating NEC 7412 Zone “B” was 1.0 with a 30,000 award ceiling.  On 6 December 2017, you submitted a reenlistment request with an effective date of 11 January 2018; however, it was later pen changed to reflect 29 March 2018.  On 7 December 2017, Navy Personnel Command received an Officer Personnel Information System (OPINS) request.  On 22 December 2017, NAVADMIN 311/17 (Selective Reenlistment Bonus Update December 2017) was published with the following information: Active Component SRB award levels for Tier Three AG rating NEC 7412 Zone “B” was decreased effective 30 days after the release of this message from 1.0 to 0.5.  Furthermore, sailors must reenlist within 90 days and in the same fiscal year as their EAOS, except in the following cases: Nuclear trained Sailors, Sailors eligible for combat zone tax exclusion (CZTE), or Sailors who received an Early Promote in block 45 of their most recent regular periodic evaluation will be allowed to reenlist early any time within the fiscal year of their EAOS.  On 26 March 2018, your SRB request was approved by Commander, Navy Personnel Command.  On 29 March 2018, you reenlisted for 6 years and received an SRB. 

You requested that you be paid at the award level of 1.0 rather than .5 for your 6 year reenlistment; the Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that the NAVADMIN 311/17 became effective on or about 21 January 2018. Therefore, you couldn’t have qualified for the 1.0 SRB because you were not within 90 days of your EAOS.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion.
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 

3/28/2020