Docket No. 2387-19 Ref: Signature Date From:Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) Title 10, United States Code, Section 1552 Encl:(1) DD Form 149 of 22 Feb 19 (2) Enlistment/Reenlistment Document (DD Form 4) eff 10 Jan 02 (3) Agreement to Extend Enlistment (NAVPERS 1070/621) dtd of 10 Jan 02 (4) NAVADMIN 125/07 dtd 18 May 07 (5)BUPERS Order 2057 dtd 24 Jul 07 (6) Petitioner’s electronic contract information n.d. (7) BUPERS memo 1160 Ser B328/060 dtd 8 Mar 19 1. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting that the applicable naval record be corrected to establish entitlement to a zone “A” Selective Reenlistment Bonus (SRB). 2. The Board, reviewed Petitioner’s allegations of error and injustice on 21 February 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 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, the Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. On 10 January 2002, Petitioner enlisted in the U.S. Navy for a term of 4-years. Petitioner executed a 24-month extension for the Advanced Electronic Field/Advanced Technical Field Program. Petitioner’s active duty service date was effective on 10 February 2002. Petitioner’s End of Active Obligated Service (EAOS) and Soft End of Active Obligated Service (SEAOS) were 9 February 2006 and 9 February 2008. See enclosures (2) and (3). c. On 18 May 2007, SRB Policy (NAVADMIN 125/07) was published. Provided zone “A” SRB for rate/NEC of ET/1428 with an award level of 5.0. See enclosure (4). d. On 24 June 2007, Petitioner received BUPERS Orders 2057 with an obligated service requirement of July 2011 and detachment month of October 2007. See enclosure (5). e. On 12 October 2007, Petitioner executed a 6-month extension and established a SEAOS of 9 August 2008. See enclosure (6). f. On 8 November 2007, Petitioner executed a 6-month extension and established a SEAOS of 9 February 2009. See enclosure (6). g. On 7 January 2009, Petitioner executed immediate reenlistment contract for a 3-year term. See enclosures (6). h. On 8 March 2019, Bureau of Personnel furnished a favorable recommendation to Petitioner’s request for reenlistment for zone “A”SRB entitlement. Petitioner’s BUPERS Orders required an obligated service to July 2011. Therefore, Petitioner could have executed a 4-year reenlistment prior to detachment in order to receive entitlement to a zone “A” SRB per (NAVADMIN 125/07). See enclosures (7). MAJORITY CONCLUSION Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (7), the majority Board concluded that Petitioner was ill-advised prior to execution of BUPERS Orders 2057. Petitioner received BUPERS Orders with an obligated service requirement of July 2011. Upon detachment, Petitioner’s EAOS was 9 February 2008. Although Petitioner executed two 6-month extensions after detachment date, this created a SEAOS of 9 February 2009. This updated SEAOS failed to meet obligated service requirement to July 2011. If Petitioner was properly advised by command, Petitioner could have executed reenlistment on 1 October 2007 for 4 years in order to meet obligated service requirements and eligibility to a zone “A” SRB. MAJORITY RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: The 6-month agreement to extend enlistment (NAVPERS 1070/621), operative on 12 October 2007 is null and void. The 6-month agreement to extend enlistment (NAVPERS 1070/621), operative on 8 November 2007 is null and void. Petitioner was discharged on 30 September 2007 and reenlisted on 1 October 2007. The term is 4 years. Note: Petitioner’s EAOS was modified to 30 September 2011. This change will entitle Petitioner to a zone “A” SRB with an award level of 5.0 ($45,000 dollar award ceiling) for the ET/1428 rate/NEC. Remaining obligated service to 9 February 2008 will be deducted from SRB computation. A copy of this Report of Proceedings will be filed in Petitioner’s naval record. MINORITY CONCLUSION Upon review and consideration of all the evidence of record, and notwithstanding the opinion expressed in enclosure (7), the minority Board did not find the existence of an error or injustice and recommends that no action be taken to Petitioner’s naval record. Petitioner was aware of detachment date in October 2007; however, Petitioner failed to obligate service prior to detachment date. It is possible Petitioner intentionally delayed execution of reenlistment in order to see if SRB award level could have increased. Hence, Petitioner’s delayed reaction could have resulted in failure to obligate service via reenlistment prior to detachment. MINORITY RECOMMENDATION Petitioner’s request be denied. 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.