From: Chairman, Board for Correction of Naval Records 
To:  Commander, Navy Personnel Command 
 
Subj: AMENDED RECOMMENDATION ICO       
 
Encl: (1) Copy of BCNR ltr JEA Docket No. 2420-19 of 3 Oct 19 
 
1.  The enclosure was previously forwarded for your action. 
 
2.  In order to ensure proper implementation of the Board’s findings, the recommendation contained in the enclosure is hereby amended to read: 
 
 The 5-year immediate reenlistment contract (NAVPERS 1070/601) executed on 25 August 2017 is null and void. 
 
 Petitioner executed a 7-month OTT via agreement to extend enlistment  (NAVPERS 1070/621) on 1 August 2017.  Note: Petitioner's BUPERS Order: 2137  was published on 1 August 2017 with an anticipated graduation date of  10 October 2018.   Petitioner graduated from "C" School and received NEC 9520. 
 
 Petitioner was discharged on 9 October 2018 and reenlisted on 10 October 2018.  The term is 6 years. 
  
 Note: This change will entitle Petitioner to a zone "B" SRB with an award  level of 4.5 (75,000 dollar award ceiling) for the CTI/9520 rate/NEC. 
 
3.  The regulations approved by the Secretary of the Navy require that the naval record of Petitioner’s be corrected, where appropriate, with the approved recommendation of the Board. 
      

From:   Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO   
 
Ref:   (a) Title 10 U.S.C. §1552 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) BUPERS memo 1160 Ser B328/106 dtd 30 Apr 19 
        (3) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting, in effect, that the applicable naval record be corrected to modify an immediate reenlistment contract. 
                                              
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 26 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 the 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 was advised to execute a 5-year reenlistment on 25 August 2017 with the intent to obligate service per BUPERS orders until April 2022.  Since Petitioner’s anticipated graduation date (10 October 2018) was after his End of Active Obligated Service (EAOS) [16 March 2018], Petitioner could have executed a 7-month Obligated Service-to-Train (OTT) extension, executed reenlistment for a minimum of 4-years on 10 October 2018 and receive a Zone “B” SRB for the rate/Navy Enlisted Classification (NEC) of CTI/9520.      
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
The 5-year immediate reenlistment contract (NAVPERS 1070/601) executed on 25 August 2017 is null and voided.  
 
Petitioner executed a 7-month OTT via agreement to extend enlistment (NAVPERS 1070/621) on or about 1 August 2017.  The 7-month agreement to extend enlistment will become operative on 17 March 2018 and update EAOS to reflect 16 October 2018.  Note:  Petitioner’s BUPERS Order: 2137 was published on 1 August 2017 with an anticipated gradation date of 10 October 2018.  Petitioner graduated from “C” School with rate/NEC of CTI/9520.   
 
Petitioner was discharged and executed a 6-year reenlistment on 9/10 October 2018.  
 
 This change will entitle Petitioner to a zone “B” SRB with an award level of 2.5 (75,000 dollar award ceiling) for the CTI/9520 rate/NEC.    
                                                             
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.