Docket No. 9617-19
Ref: Signature Date
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD ICO  , USN,  XXX-XX  
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) OPNAVINST 11160.8A dtd 30 Jan 07 
       (c) NAVADMIN 036/16 of 18 Feb 16 
       (d) DoD 7000.14-R FMR Vol. 7A, Chapter 1 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) NPC email dtd 12 Nov 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 reflect a one-day separation between the active duty service date (ADSD) and the pay entry base date (PEBD) in order to receive selective reenlistment bonus (SRB). 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 17 November 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 2 April 2002, Petitioner enlisted for 8 years in the U.S. Naval Reserve. 
 
     c.  On 9 September 2002, Petitioner entered active duty for 4 years. 
 
     d.  In accordance with reference (b), SRB will be used to increase reenlistments into the 
career force among military veterans with a break in service in all military specialties designated for SRB, as needed to reduce shortages in authorized strengths.  A member must have less than a four-year break in active duty to qualify for broken-service SRB. A member with a greater than four-year break in active duty is ineligible for SRB.   
 
In addition to the general criteria, a member must be on active duty except active duty for training. SRB is not payable for a reenlistment in a regular component following discharge from a reserve component during or at completion of active duty for training.  Be a petty officer or E-3 designated striker.  Be qualified for, and serving in an SRB rating/NEC/skill. Receive approval from COMNAVPERSCOM (PERS-4811) prior to reenlisting or the SRB qualifying extension becoming operative.  Serve in the rating/NEC/skill for the period of reenlistment for which the SRB was awarded except during periods otherwise assigned to meet the needs of the Navy. 
 
SRB eligibility is limited to members with 17 months of continuous active duty (other than for 
training) but not more than to 14 years of active duty.  This time period has been further divided into three zones. 
 
     e.  On 16 September 2014, Petitioner was discharged in order to enter an Officer training program. 
 
     f.  From 17 September 2014 to 20 November 2014, Petitioner served with the Army/USAR/AV and was discharged in order to accept commission or warrant in the Army. 
 
     g.  From 21 November 2014 to 28 November 2015, Petitioner served with the Army/USAR/AV and was discharged due to failure to complete course of instruction. 
 
     h.  In accordance with reference (c), this NAVADMIN announces revised selective reenlistment bonus (SRB) award levels and reenlistment policy for active component (AC) and full time support (FTS).  Furthermore, increased award levels are effective immediately and decreased levels are effective 30 days after the release of this NAVADMIN.  It listed a zone “C” SRB with an award level of 5.5 ($100,000 dollar award ceiling) for the SO/5323 rate/NEC, and 
a zone “C” SRB with an award level of 5.0 ($100,000 dollar award ceiling) for the SO/5326 rate/NEC. 
 
     i.  On 25 April 2016, Petitioner reenlisted for 4 years in the U.S. Navy.  Furthermore, Petitioner’s DD Form 1966 and annex “A” to DD Form 4 dated 25 April 2016 both listed a Selective Reenlistment Bonus option. 
 
     j.  In May 2016, Petitioner earned NEC O26A (5326) - Special Warfare Operator (SEAL). 
 
     k.  In accordance with reference (d), the several military pay and personnel systems use a variety of dates to determine various entitlements. Among them is the date that denotes how much service a member has for the purpose of determining longevity pay rates.  The Navy and Marine Corps refer to this as the “pay entry base date.” 
 
For most members who enter and serve on active duty without a break in service, the basic pay date is the date the member enters active or inactive service. If, however, there is a break in service, the time between periods of service usually is not included.  Also, there are statutory periods when service in a particular component may not be counted. 
 
For enlistments in a Reserve Component under Title 10, U.S.C., section 12103(b) or (d), including enlistments under a DEP, that were entered into between 1 January 1985, and 28 November 1989, the period served in the Reserve Component before beginning active duty or an initial period of ADT is not creditable.     
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2) and references (b) and (c), the Board finds the existence of an injustice warranting the following partial corrective action.  The Board concluded that an SRB was listed in Petitioner’s contract; however, due to administrative oversight, Petitioner never received a bonus.   
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
On 1 April 2016, Petitioner executed a NAVCRUIT 1133/52 (Prior Service Enlistment Guarantees) annex “A” to DD Form 4 dated “25 April 2016” vice “blank”. 
 
Note: This change will entitle the member to a zone “C” SRB with an award level of 5.5 ($100,000 dollar award ceiling) for the SO/5323 rate/NEC.  Remaining obligated service beyond the 16-year active date will not be included in the SRB calculation.  Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay. 
 
That part of the Petitioner's request for corrective action that exceeds the foregoing be denied.  The Board concluded that in light of the contents of reference (d), Petitioner’s PEBD and ADSD does not affect the eligibility and entitlement to the SRB, and there’s no error with both dates being the same.   
                                                             
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.