DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 5810-08
6 Oct 08
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
Encl: (1) DD Form 149 w/attachments
(2) DD FORM 4/3 of 3 Mar 08
(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 show he enlisted for a 4 year term, with a concurrent 24 month
extension, vice a 6 year term; and to establish entitlement to an
Enlistment Bonus for Source Rate (EBSR).
2. The Board, consisting of Messrs. Exnicios, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on 6 October
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. 5810-08
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. The DD Form 4/3, JUL 2007, executed on or about 3 March 2008,
is for a term of 4 years, vice 6 years. This will establish
petitioner's EAOS as 2 March 2012. The 24 month NAVPERS 1070/621
extension agreement executed to comply with the requirements of the
Nuclear Field program will establish an SEAOS of 2 March 2014.
b. The invalid Annex B, dated 14 January 2008 (which was not
Signed by the Enlisted Classifier, thereby invalidating the guarantees
listed), is replaced with a signed copy that entitles petitioner to
the following guarantees: Nuclear Field Program guarantee; and
Enlistment Bonus for Source Rate - $20,000.
c. Petitioner is entitled to a total EB of $20,000, minus any
monies that may have already been paid.
d. 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 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.
\x )
6 October 2008 .
W. DEAN PFERF
Executive Dinhedtor
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