Docket No. 4030-19  
Ref:  Signature Date  
From: Chairman, Board for Correction of Naval Records  
To:  Secretary of the Navy  


Ref:  (a) Title 10 U.S.C. §1552 

Encl: (1) DD Form 149 w/attachments 
      (2) BUPERS memo 1160 Ser B328/134 dtd 2 Jul 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:  On 23 February 2018. Petitioner executed 16-month extension in order to aligned End of Active Obligated Service to the projected rotation date.  Since Petitioner had a 24-month inoperative extension, the 16-month month extension totaled 40 months.  Upon execution of Petitioner 5-year reenlistment on 2 March 2019, Petitioner’s 40-month inoperative extensions discounted SRB entitlement, which resulted in 20 months of SRB entitlement.  

Petitioner’s command should have generated a 16-month administrative remarks in order to meet projected rotation date.  Therefore, Petitioner’s 5-year reenlistment would have exceeded 24­month inoperative extension, which would have resulted in SRB entitlement for 60 months.   

RECOMMENDATION 

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

The 16-month agreement to extend enlistment (NAVPERS 1070/621), executed on 23 February 2018 is null and void. 

Petitioner executed on 23 February 2018 an administrative remarks (NAVPERS 1070/613); fulfilling a 16-month agreement to extend enlistment operative on 2 March 2021.  This will satisfy Petitioner’s obligated service requirements for BUPERS Orders. 

Petitioner's previous zone "A" SRB payment for 20 months of additional obligated service should be adjusted to reflect recent zone "A" entitlement for 60 months of additional obligated service.    

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.