Docket No. 2629-21
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD ICO  USN,  
             
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) COMNAVCRUITCOM msg 301300Z Apr 18 
 
Encl:  (1) DD Form 149 w/attachments 
       (2) NRC memo 1133 Ser N35 of 17 May 21 
       (3) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to establish eligibility for Enlisted Bonus for Source Rate (EBSR). 
                                              
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 9 September 2021 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.  Reference (b) applied to future Sailors initially classified or reclassified (change in program, rate or ship date) on or after 1 May 2018.  Active Component Recruits in the Explosive Ordinance Disposal (EOD) - Advanced Technical Field program that shipped in October through September of any fiscal year were eligible for $15,000 upon completion of EOD “A” school, earning the rating Navy Enlisted Classification (NEC) and obtaining a security clearance. 
 
     b.  On 9 August 2017, Petitioner enlisted in the Naval Reserve for a term of 8 years of which 4 years was considered an active duty obligation.  NAVCRUIT 1133/52, Enlistment Guarantees – Annex “A” listed Aviation Structural Mechanic (AM/5YO) Class “A” School Guarantee (T+X).  Active Duty Service Date (ADSD):  13 February 2018. 
 
     c.  On 25 August 2017, Petitioner reclassified and issued NAVCRUIT 1133/52, Enlistment Guarantees – Annex “B” listing Advanced Technical Field Special Warfare Operator (ATF/SO 6YO) Challenge Program and Enlistment Bonus for Source Rate (EBSR) - $12,000 Bonus.  ADSD:  13 December 2017.  Subsequently, DD Form 1966, Record of Military Processing was updated to reflect changing ADSD to 4 October 2017. 
 
     d.  Petitioner’s ADSD is 4 October 2017.  
           
     e.  On 2 December 2017, Petitioner completed Recruit Basic Military Training. 
 
     f.   On 20 June 2018, Petitioner reclassified and issued NAVCRUIT 1133/52, Enlistment Guarantees – Annex “C” listing Advanced Technical Field Explosive Ordnance Disposal (ATF-EOD 6YO) Challenge Program.   
 
     g.  Petitioner’s Top Secret – SCI Eligible clearance date was issued on 16 November 2019. 
 
     h.  Petitioner completed Explosive Ordnance Disposal “A” School on 4 March 2020. 
 
     i.  On 22 June 2020, Petitioner completed Explosive Ordnance Disposal Basic Navy Only Underwater course and awarded Basic EOD Technician NEC M02A effective 1 June 2020. 
     
     j.  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 met the criteria to receive an EBSR; however, because of administrative oversight, NAVPERS 1133/52, Enlistment Guarantees – Annex “C” did not outline eligibility for EBSR in accordance with reference (b), thereby impeding his ability to receive the EBSR.  Although the proper administrative requirements were not completed, 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 NAVCRUIT 1133/52, Enlistment Guarantee - Annex “C” to DD Form 4 dated 9 August 2017 is modified to reflect Option 2:  “Enlistment Bonus for Source Rating (EBSR) - $15,000 Bonus” vice “N/A.”   
 
This change will entitle Petitioner to receive $15,000 EBSR upon earning the rating NEC and awarded security clearance.  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. 
 
10/15/2021
Deputy Director