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 B328/029 of 12 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 amend contracts for reenlistments executed on 25 December 1998 and 23 December 2004.  Additionally, correct Selective Reenlistment Bonus (SRB) payments. 
                                              
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 30 June 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’s Pay Entry Base Date (PEBD) was adjusted incorrectly subsequent to a break in active duty service.  However, because Petitioner remained under Military Service Obligation (MSO) and returned to active duty before the expiration of MSO, the PEBD should not have been changed.  As a result of the inaccurate adjustment, Petitioner’s reenlistment contracts executed on 25 December 1998 and 23 December 2004 reflected an erroneous PEBD, thereby causing the associated SRBs to be calculated incorrectly.  The Service has since corrected the PEBD to 23 November 1992 and the Board felt that under these circumstances, relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s NAVPERS 1070/601, Immediate Reenlistment Contract executed on 25 December 1998 for a term of 6-years is amended to reflect PEBD as “23 November 1992”, vice “1 May 1996”.   
 
Petitioner’s NAVPERS 1070/601, Immediate Reenlistment Contract executed on 23 December 2004 for a term of 6-years is amended to reflect PEBD as “23 November 1992”, vice “23 May 1995”.   
 
These changes will modify Petitioner’s Zone “A” and Zone “B” SRB monetary award to reflect calculation based on PEBD of 23 November 1992.  Note:  Defense Finance and Accounting Service will complete an audit of Petitioner’s pay records to determine retroactive bonus entitlement. 
 
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.