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NAVY | BCNR | CY2008 | 04431-08
Original file (04431-08.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

DIC
Docket No. 4431-08
15 July 2008

From: Chairman, Board for Correction of Naval Records

   
 

To: Secretary of the Navy

Subj: REVIEW OF NAVAL RECORD TC
Ref: (a) Title 10 U.S.c. 1552
Encl: (1) DD Form 149 w/attachments

(2) NPC Memo 1160 Ser 811/431 dtd 10 Jun 08
(3) Subject’s naval record

1. Pursuant to the provisions of reference (a) Subject, hereinafter
reférred 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 “B” and zone “C” Selective

Reenlistment Bonus (SRB).

2. The Board, consisting of Mr. Exnicios, Mr. Zsalman, and Mr.
George, reviewed Petitioner’s allegations of error and injustice on 14
July 2008 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.

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.
Docket No. 4431-08

RECOMMENDATION:

That Petitioner’s naval record be corrected, where appropriate, to
show that:

a. The 10 month NAVPERS 1070/621 extension agreement, operative
on or about 7 April 2003, is null and void.

b. The Petitioner was discharged and reenlisted on 16/17
December 2002, vice on or about 15/16 December 2002. The term is 6

years.

c. This change will entitle the member to a zone “B” SRB with an
award level of 2.0 for the OS/0318 rate/NEC. Remaining obligated
service to 6 April 2003 will be deducted from SRB computation.

d. The Petitioner’s zone “B” entitlement should be adjusted to
reflect payment base on pay grade E-6 vice E-5.

e. The Petitioner was discharged on 4 November 2005 and
reenlisted, on 5 November 2005. The term is 6 years.

f. This change will entitle the member to a zone “C” SRB with an

award level of 0.5 for the 0S/0318 rate/NEC. Remaining obligated
service to 16 December 2008 will be deducted from SRB computation.

Remaining obligated service beyond the 16 year active date will not be
included in the SRB calculation.

g. 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 le J. HESS,
Recorder Acting Recorder
Docket No. 4431-08

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.

15 July 2008 Re RP FG fmm

fa__W. DEAN PFEIFFER
Executive Director

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