Docket No. 4746-19  
Ref:  Signature Date  
From: Chairman, Board for Correction of Naval Records  
To:  Secretary of the Navy  

Subj: REVIEW OF NAVAL RECORD 

Ref:  (a) Title 10 U.S.C. §1552 

Encl: (1) DD Form 149 w/attachments 
      (2) CMSB memo 1160 Ser B328/156 of 22 Aug 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 show Petitioner executed an agreement to extend enlistment under the obligate service to train, reenlist, and receive a Selective Reenlistment Bonus (SRB). 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 18 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.  On 30 January 2007, OPNAVISNT 1160.8A was published and stated that following: The member must agree to obligate service to train for the SRB rating/NEC/skill and then reenlist after the new rating/NEC[Navy Enlisted Classification]/skill is attained or rating conversion is completed. The new rating/NEC/skill must be designated for award of an SRB at the time of the agreement to obligate service to train. 

c.  On 14 May 2018, NAVADMIN 119/28 was published with the following selective reenlistment bonus for rate/NEC EOD/5333 zone “A” with an award level of 4.5. 

d.  On 4 April 2017, Petitioner was issued official change duty orders (BUPERS order: 0947) with an obligated service of May 2022. . 

e.  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. They Board concluded that Petitioner was not authorized to an Obligated Service to Train (OTT) extension.  Petitioner had enough enlistment contract to cover all training, and was not properly counseled that he could have executed an Administrative Remarks obligating to May 2022 per his orders, then reenlist upon graduating from NEC  and receive a SRB. 

RECOMMENDATION 

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

The 22 month NAVPERS 1070/621 (agreement to extend enlistment) executed on 10 April 2017 is null and void. 

Petitioner executed a NAVPERS 1070/613 (Administrative Remarks) on 10 April 2017, to extend on active duty until May 2022.  Note: this action was required to incur sufficient obligated service to execute BUPERS order: 0947 dated 4 April 2017. 

Petitioner was discharged on 9 August 2018 and reenlisted on 10 August 2018 for a term of 4 years. 

Note: This change will entitle the member to a zone “A” SRB with an award level of 4.5 ($45,000 dollar award ceiling) for the EOD rate/NEC.  Remaining obligated service to 14 July 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. 

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