DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5160
DIC
Docket No. 2173-09
7 July 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
REVIEW OF NAV.
ae
Ref: (a) Title 16 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) HOMC Memo 1040 MMEA dtd 16 Apr 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 modify an extension agreement and reenlistment.
2. The Board, consisting of Mr. Pfeiffer, Mr. Zsalman, and Mr.
George, reviewed Petitioner’s allegations of error and injustice on 6
July 2009 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. 2173-09
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. The 12 month NAVMC 32la extension agreement, operative on or
about 29 September 2008, is null and void.
b. The Petitioner executed a 3 month NAVMC 321a extension
agreement, operative on or about 29 September 2008.
c. The reenlistment executed on or about 25 December 2008 is for
a term of 4 years and 1 month, vice 4 years and 10 months.
dad. This change will entitle the member to a zone “E” SRB for MOS
0321, which is capped at $28,000 for 48 months of additional obligated
service. Remaining obligated service to 28 December 2008 will be
deducted from SRB computation.
e. This change will entitle the member to a CSRB for MOS 0321,
which is capped at $50,000 for 48 months of additional obligated
service. Remaining obligated service to 28 December 2008 will be
deducted from CSRB computation.
£. Member is currently in receipt and entitled (capped at the
maximum) to both SRB and CSRB payments. No adjustments are indicated.
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.
lishlins. A 12
ROBERT D. 4SALMAN WILLIAM J. HESS, IIit
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 July 2009 AR SD. aN
Saw. DEAN EIFFER
Executive Director
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