DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DIC
Docket No. 10241-08
24 March 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:. REVIEW OF NAVAL RECORD ICO
Ref: fa) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) NPC Memo 1160 Ser 811/084 dtd 4 Feb 09
(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 (a) show that he reenlisted under the Selective Training and
Reenlistment (STAR) program in March 2000 and (b) show that he
subsequently reenlisted in February 2006 to establish eligibility for
a zone “B" Selective Reenlistment Bonus (SRB).
2. The Board, consisting of Mr.Pfeiffer, Mr. Zsalman, and Mr. George,
reviewed Petitioner's allegations of error and injustice on 23 March
2009 and, pursuant to its regulations, determined that the partial
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 warrants
favorable action.
Docket No. 10241-08
CONCLUSION
Upon review and consideration of all the evidence of record, and after
careful consideration of the contents of enclosure (2), the Board
finds the existence of an injustice warranting the following partial
corrective action.
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. The Petitioner was discharged on 20 February 2006 and
reenlisted, on 21 February 2006. The term is 6 years.
b. This change will entitle the member to a zone “B” SRB with an
award level of 3.0 for NEC 2780. Remaining obligated service to 25
September 2009 will be deducted from SRB computation.
c. That so much of Petitioner’s request for corrective action as
exceeds the foregoing be denied for the reasons stated below.
d. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.
4. The Board found that the evidence submitted was insufficient to
establish the existence of, probable material error or injustice
extending back to March 2000 timeframe. Accordingly, the Board has
denied the portion of the request seeking a change to replace the
September 2003 reenlistment with,a March 2000 STAR reenlistment.
Before making this determination, the Board gave careful consideration
to the comments contained in the advisory opinion. The Board noted
that Petitioner initially enlisted for a term of four years with an
additional twenty-four month extension. Petitioner’s “end of active
obligated service” (EAOS), as extended, was 21 December 2003,
Petitioner was apparently eligible for STAR reenlistment in March
°2000, but there is no evidence that he sought reenlistment under that
program. He thereafter reenlisted in September 2003 for a term of six
years in exchange for a substantial “Zone A” reenlistment bonus
($45,000). However, during the period between March 2000 (when he
could have reenlisted for STAR) and September 2003 (when he actually
reenlisted for a bonus), the Navy could only rely on Petitioner’s
active service through December 2003.- Moreover, there is no evidence
that Petitioner had any objection to the September 2003 reenlistment
{vice a March 2000 STAR reenlistment) until January 2009. Petitioner
Docket No. 10241-08
neglected to assert any claim of error regarding the STAR reenlistment
for almost nine years. That neglect caused a disadvantage to the Navy
as described above. Under these circumstances, the Board found that a
change to show that Petitioner reenlisted under the STAR program in
March 2000 vice September 2003 is not warranted and relief should be
limited to Petitioner’s most recent opportunity to reenlist for a
“Zone B” bonus in February 2006.
5. 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 preceeding in the above entitled
matter.
ROBERT D. ZSALMAN WILLIAM J. (fblacan
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.
24 March 2009 Vp oak
W. DEAN PFEIF
Executive Dir
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