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

Docket No. 2939-19  
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) MILPERSMAN 1160-100 

Encl: (1) DD Form 149 w/attachments 
      (2) BUPERS memo 1160 Ser B328/036 of 26 Feb 20 
      (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 Selective Training and Reenlistment (STAR) advancment. 

2.  The Board, consisting of  , reviewed Petitioner’s allegations of error and injustice on 11 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 

a.  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 met the basic eligibility criteria for STAR advancement; however, Petitioner was improperly counseled regarding eligibility and submission procedures as outlined in reference (b).  The Board found that had the Petitioner received notification of eligibility, Petitioner would have followed proper steps to successfully make an election.  Although Petitioner did not complete the proper administrative requirements, the Board felt that under these circumstances, full relief is warranted. 

RECOMMENDATION 

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

STAR request was received by BUPERS-328 60-days in advance of the Petitioner's requested reenlistment date; it was approved.  Note: Petitioner was discharged on 15 March 2018 and reenlisted on 16 March 2018.  The term is 5 years. 

Petitioner's NAVPERS 1070/601, Immediate Reenlistment Contract on 16 March 2018 for a term of 5 years is designated as a “STAR Career degination under MILPERSMAN 1160-100”. 

This change will entitle Petitioner to advancment to Hospital Corpsman (HM) Second Class Petty Officer/E5 effective 16 March 2018 (provided all reenlistment criteria has been met). 

A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 

4.  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.  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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.