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

Docket No. 1344-19  
Ref:  Signature Date  

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

Ref: (a) Title 10 U.S.C. §1552 
     (b) MARADMIN 370/18 dtd 2 Jul 18 

Encl: (1) DD Form 149 w/attachments 
      (2) HQMC memo 5420 MMEA of 16 Aug 19 
      (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 a Fiscal Year 2019 (FY19)    Kicker. 

2.  The Board, consisting of           , reviewed Petitioner’s allegations of error and injustice on 31 January 2020 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.  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 requested and was approved to execute a 15-month extension on reenlistment of 26 November 2014 for a term of 4-years.  Although, Petitioner requested to reenlist on 21 August 2018 for a term of 4-years, the request was not considered and administratively closed on 3 January 2019 as a result of the approved and excepted 15-month extension.  Although the proper administrative requirements were not completed, the Board found had Petitioner’s request to reenlist been considered prior to the 15-month extension becoming operative on 26 November 2018,  Petitioner could have reenlisted for the Aircraft Maintenance Kicker in accordance with reference (b). 

RECOMMENDATION 

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

The NAVMC 321A, Agreement to Extend Enlistment, executed on or about 26 November 2018 for 15-months is null and void. 

Petitioner executed DD Form 4, Enlistment/Reenlistment Document on 30 October 2018 for a term of 4-years and 1-month.  Paragraph 8b (Remarks) reflects:  “REENLISTED FOR THE FOLLOWING INCENTIVE(S):  PER MARADMIN 370/18 THIS MARINE IS ELIGILBE FOR AN     KICKER ESTIMATED AT $20,000, LESS APPLICABLE TAXES.” 

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. 


4/12/2020