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NAVY | BCNR | CY2006 | 10952-06
Original file (10952-06.rtf) Auto-classification: Approved

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2NAVYANNEX
                                             WASHINGTON DC 20370-5100



DJC
 Docket No. 10952-06
21 March 2007
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:    REVI E W QF NAVAL RECORD ICO
Ref:     a) Title 10 U.S.C. 1552
End:     (1) DD Form 149 w/attac h ments
 (2) NPC Memo 1160 Ser 4811/115 dtd 7 Mar 07
(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 reques ti ng, in effect, that the applicable naval record be corrected to esta b lish entitlement to a zone “C” Selective Reenlistment Bonus (SRB).
2.       The Board, consisting of Mr. Bourgeois, Mr. Boyd, and Mr. Hicks, J., re vi ewed Petitioner’s allegations of error and injustice on 20 March 2007 and, pursuant to its regulatio ns, determined that the correcti ve action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consist d 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 adrninis t rative remedies available under existing law and regulations within he 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 warrant favorable action.
CONCLUS ON
Upon re v iew and consideration of all the evidence of record, and especia l ly in light of the contents of enclosure ( 2), the Board finds the existence of an injustice warranting the following corrective action.



Docket No. 10952-06
RECO MM E N DAT ION:
That Petitioner’s naval record be corrected, where appropriate, to show that:

 a.       The 6 month NAVPERS 1070/621 extension agreement, operative on or about 13 October 2008, is null and void.
b.       The reenlistment executed on or about 13 October 2002 is for a term of 4 years, vice 6 years.
c.       The petitioner was discharged 11 October 2006 and reenlisted on 12 October 2006. 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. (The petitioner’s zone “B” overpayment should be deducted from zone “C” entitlement.)
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. HESS, 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.



21 March 2007

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