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

Docket No. 3349-19  
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 

Encl: (1) DD Form 149 w/attachments 
      (2)  BUPERS memo 1160 Ser B328/077 dtd 1 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 this 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 27 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. 

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 received BUPERS Orders to “C” School and obligated service via 4-year reenlistment on 23 March 2018.  Petitioner was awarded a zone “A” SRB with a 0.5 award level.  Petitioner could have been advised to execute a series of extensions (24-months) and administrative remarks (2-months) in order to obligate service to May 2021.  Petitioner’s anticipated gradation date was 11 January 2019.  A reenlistment date on or after graduation from “C” School would entitle Petitioner to a zone “A” SRB for current rate/NEC of ND/M2D with a 2.5 SRB award level.  
 
RECOMMENDATION 

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

The 4-year reenlistment executed on 23 March 2018 is null and void.  This reestablished the previous End of Active Obligated Service of 24 March 2018 and Soft End of Active Obligated Service of 24 March 2019.  

Petitioner executed a 24-month Agreement to Extend Enlistment (NAVPERS 1070/621) on 24 November 2017.  This established an End of Active Obligated Service to 24 March 2021.  Note: Petitioner BUPERS Orders 3317 was published on 24 November 2017.  

Petitioner executed on 24 November 2017 an administrative remarks (NAVPERS 1070/613); fulfilling a 2-month agreement to extend enlistment operative on 25 March 2021.  This will satisfy Petitioner’s obligated service requirements to 24 May 2021 per BUPERS Orders 3317. 

The Petitioner was discharged 19 February 2019 and reenlisted on 20 February 2019.  The term is 5 years. 

This change will entitle Petitioner to a zone “A” SRB with an award level of 2.5 ($45,000 dollar award ceiling) for the ND/M2D rate/NEC.  Remaining obligated service to 24 March 2019 will be deducted from SRB 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. 


6/10/2020