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NAVY | BCNR | CY2006 | 07985-06
Original file (07985-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00



 DJC
 Docket No. 7985-06
 7 February 2007
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
End:     (1) DD Form 149 w/attach m ents
 (2) NPC Memo 1160 Ser 4811/651 dtd 9 Nov 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 to a zone “C” Selective Reenlistment Bonus
(SRB).

2. The Board, consisting of Mr. Dietrich, Ms. Gilbert, and Ms. Humberd, reviewed Petitioner’s allegations of error and injustice on 6 February 2007 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 merit and warrants favorable action.
CONCLUS ION

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.


Docket No. 7985-06 RECOM~4ENDAT ION:
That Petitioner’s naval record be corrected, where appropriate, to show that:

 a.       The 24 month NAVPERS 1070/621 extension agreement, operative on or about 20 May 2002, is null and void.
b.       The reenlistment executed on or about 29 June 2001 is for a term of 5 years, vice 6 years.
c.       The petitioner was discharged 27 June 2005 and reenlisted on 28 June 2005. The term is 3 years.
d.       This change will entitle the member to a zone “C” SRB with an award level of 7.5 for NEC 5326. Remaining obligated service to 28 June 2006 will be deducted from SRB computation. The petitioner’s zone “B” overpayment should be deducted from zone “C” entitlement. Remaining obligated service beyond the 16 year active date will not be included in the SRB calculation.
e.       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.
ROBERT D. ZSALMAN        WILLIAM J. III
Recorder         Acting Recorder

 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.



 7 February 2007
                                                               W. DEAN PFEIFFER
Executive Dir e c tor





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