DEPARTMENT OF THE NAVY -
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DIC
Docket No. 6391-06
8 November. 2006
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
Ref: (a) Title 10 U.S.C... 1552
Encl: (1) DD Form 149 w/attachments
(2) NPC Memo 5730 PERS 4913 dtd 4 Oct 06
(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 establish entitlement of a “TIA” Reserve Enlisted Incentive Bonus.
2. The Board, consisting of Mr. Brezna, Mr. Neuschafer, and Mr.
Grover, reviewed Petitioner’s allegations of error and injustice on 7
November 2006 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.
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. 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 partial
merit and warrants partial 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
that partial corrective action is warranted. To the portion of
Petitioner’s request seeking a Reserve Enlisted Incentive Bonus, the
Board finds the existence of an error or injustice warranting. the
corrective action described below. However, to the portion of
Petitioner’s request seeking an incentive bonus for participation in
the FTS program, the Board finds that the evidence submitted was
Docket No. 6391-06
insufficient to establish the existence of probable material error or
injustice for the reasons stated in the attached advisory opinion.
RECOMMENDATION :
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. After reenlisting in the Navy Selected Reserves, on 11
December 2005, Petitioner submitted an application for a Reserve
Enlisted Incentive Bonus for the HM-FMF(8404) rate/NEC.
b. This change will entitle Petitioner to a prorated amount of
the incentive bonus for the period of 11 December 2005 to 31 March
2006. Remaining obligated service beyond 1 April 2006 will not be
included in the Enlisted Incentive Bonus calculation while the
petitioner is in the Full Time Support (FTS) program.
c. A copy of this Report of Proceedings will 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.
Lu bhliv 4 WE
ROBERT D. ZSALMAN WILLIAM J. HESS, I¥T
Recorder Acting Recorder VY
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.
8 November 2006 a
| ‘ Nolo
. W. DE PFRIF
Executive Di
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