DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
MEH:ddj
Docket No: 1387-01
17 April 2001
From:
To:
Subj
:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
REVIEW OF NAVAL RECORD
(a)
(1)
(2)
(3)
Title 10 U.S.C. 1552
DD Form 149 w/attachments
CMC memorandum 1001 MMEA of 2 April 200
Subject’s naval record
1
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 establish entitlement to a zone
Military Occupational Specialty (MOS) 0844.
“B” Selective Reenlistment Bonus (SRB) for
2. The Board, consisting of Mr. Frankfurt, Mr.
Petitioner’s allegations of error and injustice on 17 April 2001 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, naval records, and applicable statutes, regulations and policies.
Leeman, and Ms. Wiley, reviewed
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. Petitioner’s End of Active Service (EAS) was 10 January 2001. He requested a
reenlistment document on 23 August 2000 so that he could reenlist with his current shop,
which was being realinged on 1 October 2000, and also to avoid losing 30 days of leave.
The reenlistment had to occur before 30 September 2000 to entitle him to the SRB for his
MOS, however, he states that his last reenlistment only took about 2
paperwork.
weeks for all the
C. Approximately one week later Petitioner received notification that a copy of his five
year physical had to be submitted with his reenlistment package. Petitioner works out of the
recruiting substation at
Ballston Spa, New York, outside his recruiting area of responsibility. Due to the distance,
and the nature of recruiting duty, i.e, long, oftentimes unusual hours., it was several days
Rutland, Vermont and his command is located 2 hours away at
before he had an opportunity to drive to
he faxed it to his Admin Section.
Ballston Spa. After obtaining a copy of his physical
The package was forwarded from his command to Headquarters, Marine Corps
(H&C) about a week later.
d. On the 25th of September he was informed the Body Fat Percentage block was left
blank on his application and his body fat percentage would have to be verified before the
application was processed.
*
e. Again, due to the distance between his command and his area of responsibility, and
the long working days, it took several days to arrange for a body fat measurement. This was
also the end of the fiscal year for recruiting and therefore an extremely busy time.
f.
Petitioner’s body fat measurements were taken on 30 September 2000 and were
within acceptable standards. Although this was the last day he could reenlist and still be
eligible for the bonus he states he was told the reenlistment was “just a fax and phone call
away.
”
g- MMEA-6 states that the body fat certification was not faxed to them until 8
November 2000, more than a month after the measurement were taken and the SRB cutoff
date.
30 September 2000.
It is unclear why the measurements were not sent out immediately after being taken on
h. MMEA-6 approved Petitioner for a 48 month reenlistment on 13 November 2000.
i.
subject matter addressed in Petitioner ’s application recommended denial.
In correspondence attached as enclosure
(2), the office having cognizance over the
CONCLUSION
Upon review and consideration of all the evidence of record, notwithstanding the comments
contained in enclosure
(2), the Board finds the existence of an injustice warranting the
requested relief. The Board noted that Petitioner is located at a recruiting substation in
Rutland, Vermont and that his records are maintained in
drive. As a recruiter he often worked long and/or unusual hours and it was not always
possible to make the trip to New York in a timely manner. Also, his body fat measurements
were taken at his command on 30 September 2000, but not faxed to MMEA-6 until 8
November 2000. No explanation was given for the delay.
Ballston Spa, New York, a 2 hour
Accordingly, the Board recommends the following corrective action.
Docket No: 1387-01
RECOMMENDATION:
That Petitioner ’s naval record be corrected, where appropriate, to show that:
a. He was discharged and reenlisted on
December 2000. The term remains 48 months.
29/30 September 2000, vice on or about 4
b. This change will entitle member to a zone
“B” SRB, multiple of 2, for MOS 0844.
C. That a copy of this Report of Proceedings be filed in Petitioner ’s naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) 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.
ROBERT D. ZSALMAN
Recorder
G:L.AJk
G. L. ADAMS
Acting Recorder
5. The foregoing action of the Board is submitted for your review and action
h W. DEAN PFEIFFER
Executive Director
Reviewed and approved:
/
JUL 1 6
2001
Assistant General Counsel
(Manpower And Reserve Affairs)
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