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 
       (b) NAVADMIN 119/18 dtd 14 May 18 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) CMSB memo 1160 Ser B328/164 of 9 Sep 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 reenlisted on 28 July 2018, and maximized Selective Reenlistment Bonus (SRB) tax-free. 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 6 August 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 29 July 2014, Petitioner entered active duty for 4 years and extended for and additional 24 months for the Advanced Technical Field Explosive Ordance Disposal (ATF-EOD 6YO) Challenge Program.   Petitioner’s End of Active Obligated Service (EAOS) was 28 July 2018 and Soft End of Active Obligated Service (EAOS) was 28 July 2020. 
 
     c.  In accordance with reference (b), this NAVADMIN announced revised Selective Reenlistment Bonus (SRB) award levels and reenlistment policy for Active Component and Full-Time Support (FTS).  Listed a zone “A” SRB with an award level of 4.5 (45,000 dollar award ceiling) for the EOD/5333 rate/NEC.   
 
Furthermore, Sailors who have inoperative extension time through a 5-year obligation or 6-year obligation program may continue to have up to 24 months of inoperative extension time count towards the SRB calculation provided the reenlistment results in a new EAOS that is at least 24 months day-for-day past the current extended EAOS.   
 
Finally, Sailors eligible for combat zone tax exclusion (CZTE) are authorized to reenlist anytime within 1 calendar year of their EAOS.  These Sailors, along with CCC must annotate in the remarks section of the precertification request whether they are currently CZTE eligible or serving in a qualified hazardous duty area.  A condition of approval of their precertification  
request is that the reenlistment of the Sailor occurs in a month during which CZTE qualification applies. 
   
     d.  On 17 July 2018, COMNAVPERSCOM approved Petitioner’s SRB upon his reenlistment effective 28 July 2018.  
 
     e.  On 27 July 2018, Petitioner reenlisted for 4 years. 
 
     f.  On 23 August 2018, COMNAVPERSCOM approved Petitioner’s SRB upon his reenlistment effective 27 July 2018.  
 
     g.  On 18 September 2018, Petitioner was credited with taxable wages combat zone exclusion for the period of 1 June 2018 to 31 July 2018. 
 
     h.  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.  The Board concluded that due to command failing to notify Petitioner of his approved SRB for reenlistment effective 28 July 2018, Petitioner failed to reenlist on the approved reenlistment date.  Subsequently, Petitioner’s 27 July 2018 reenlistment was approved on 23 August 2018 for SRB; however, Petitioner received only 24 months vice 48 months of SRB.     
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner was discharged and reenlisted on 27/28 July 2018, vice on or about 26/27 July 2018 for a term of 4 years. 
 
Note: Petitioner preveiously received a zone “A” SRB with an award level of 4.5 (45,000 dollar award ceiling) for the EOD/5333 rate/NEC.  Furthermore, Defense Finance and Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay from the above changes.  Furthermore, DFAS will determine tax-free eligibility. 
 
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.