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

Docket No. 2631-19  
Ref: Signature Date  

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 
     (b) NAVADMIN 003/18 dtd 8 Jan 18 

Encl: (1) DD Form 149 w/attachments 
      (2) OCNO memo 1530 Ser N133D/440 of 23 Sep 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 Zone “2” Enlisted Supervisor Retention Pay (ESRP). 

2.  The Board, consisting of                                                                 , reviewed Petitioner’s allegations of error and injustice on    6 March 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.

     c.  Petitioner’s active duty service date is 7 December 2004.

     d.  Petitioner earned Navy Enlisted Classification Surface Ship Nuclear Propulsion Plant Supervisor – Reactor Control (3393/N23S) on 1 October 2014. 

     e.  Petitioner executed NPPSC 1160/1, Command Career Request on 13 November 2018, requesting to reenlist for a term of 4-years on 31 December 2018.  Note: Selective Reenlistment Bonus Eligible block is marked “no”. 

     f.  Petitioner executed NAVPERS 1070/601, Immediate Reenlistment Contract on 31 December 2018 for a term of 4-years for the “benefits of rate”. 

     g.  On 23 July 2019, Petitioner concurred with changing the term of reenlistment on 31 December 2018 to 5-years vice 4-years. 

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 met the basic eligibility criteria for the ESRP in accordance with reference (b); however, as a result of incorrect counseling, Petitioner reenlisted for a term of 4-years vice 5-years. Although the proper administrative requirements were not completed, the Board determined that, under the circumstances, relief is warranted. 

RECOMMENDATION 

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

Petitioner executed NAVPERS 1070/601, Immediate Reenlistment Contract on 31 December 2018 is for a term of 5-years vice 4-years. 

This change will entitle Petitioner to a Zone “2” ESRP.  Note:  Additional obligated service to 2 July 2021 will be deducted from ESRP computation. 
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. 


4/28/2020