DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

WIH: DIC
Docket No. 3260-09
27 October 2003

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) NAVADMIN 240/08 of 28 August 2008
} Reenlistment Request form
(4) NAVADMIN 006/09 of 9 January 2009
(5) NAVADMIN 050/09 of 10 February 2009
(6) NPC Memo 1160 Ser 811/238 dtd 22 Apr 09
(7) 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 establish entitlement’ to a zone “A” 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 26 October 2009 and, pursuant to its regulations, determined that
the corrective action indicated below should be taken on the availabie
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 late 2008, applicant was a YN3 on active duty with an End
of Obligated Service (EAOS) date of 19 July 2009.'

c. On 28 August 2008, NAVADMIN 240/08 was published announcing
Selective Reenlistment Bonus (SRB) award levels for Active and Reserve
component personnel. The NAVADMIN listed an award level of 1.0 for
members with a YNSS rating who reenlist in zone A. Under the guidance

1 petitioner was advanced to YN2 on 16 June 2009.
Docket No. 3260-09

announced by NAVADMIN 240/08, “Commands must submit SRB requests via
OPINS (Officer Personnel Information System} 35-120 days in advance of
the sailor's EAOS or reenlistment date to ensure the approval or
disapproval message will reach the sailor's command and the Defense
Finance and Accounting Service before the reenlistment date.” See
enclosure (2).

d. On 18 December 2008, Petitioner submitted a reenlistment
request form to his Command Career Counselor for routing through the
chain of command. He requested authorization to reenlist on 9 March
2009 for a term of 4 years. See enclosure (3).

e. On 9 January 2009, NAVADMIN 006/09 was published announcing
significant policy changes to the SRB Program. Under NAVADMIN 006/09,
in order to be eligible for an SRB, a sailor's reenlistment must occur
within 90 days of a sailor’s EAOS.” NAVADMIN 006/09 also reiterated
the requirement that, “All SRB reenlistment requests are required to
be submitted via OPINS 35-120. days prior to the requested reenlistment
date.” See enclosure (4). Accordingly, the earliest that Petitioner
could be authorized to reenlist for a bonus would have been 20 April
2009 and, in order to be eligible for an SRB, the command would have
to have submitted the request into OPINS at least 35 days prior to the
requested reenlistment date.

£. On 26 January 2009, the Commanding Officer approved the
member's reenlistment request (i.e. for Petitioner to reenlist on
9 March 2009 for a term of 4 years).

g. On 10 February 2009, NAVADMIN 050/09 was published announcing
revised SRB award levels and superseding NAVADMIN 240/08. Increases
in awards levels became effective immediately and decreases in award
levels became effective on 11 March 2009. Under NAVADMIN 050/09,
Petitioner’s award level would decrease from 1.0 to 0.0 on 13 March
2009. See enclosure (5).

h. On 25 February 2009, Petitioner received Permanent Change of
Station (PCS) orders.* Petitioner was required to obligate himself for
additional service (OBLISERV) to May 2012 in order to execute the
homeport change associated with the orders.

i. On 2 March 2009, the Command submitted the member’s SRB
request into OPINS. The request was submitted only seven days prior
to his requested reenlistment date.

 

2 NAVADMIN 006/09 contained some exceptions to this policy, however, at this
point in the chronology, none of the exceptions applied to Petitioner's case.
7 As a result of receiving PCS orders, Petitioner met the criteria for an
exception to the rule announced in NAVADMIN 006/09 that in order to be
eligible for an SRB, a sailor’s reenlistment must occur within 90 days of a
sailor's EAOS.

2
* Docket No. 3260-09

j. On 7 March 2009, the OPINS request for an SRB was denied by
the Navy Personnel Command (NPC) because the command had failed to
submit the request into OPINS at least 35 days prior to the requested
reenlistment date. Petitioner was informed.

k. On 9 March 2009, the member reenlisted for 3 years. The
member did not receive a Selective Reenlistment Bonus (SRB).

    

The

m. On 31 March 2009, Petitioner submitted an application to this
Board averring, essentially, that the failure to submit his SRB
request into OPINS 35 days in advance of his reenlistment date was
through no fault of his own and should be attributed to a failure of
his command. To bolster his application, he submitted a letter from
his command stating that the SRB request was “held with his career
counselor” and not timely submitted “due to operational constraints.”

n. By enclosure (6), the Bureau of Naval Personnel has provided
a recommendation that no relief be granted. NPC reasons that the SRB
request was not entered into OPINS at least 35 days in advance of the.
requested reenlistment date as required by the governing NAVADMINS.
The advisory opinion also notes that “If petitioner’s request had been
entered in OPINS in a timely manner and the Petitioner had reenlisted
for 4 years, (he) would have been entitled to 43 months of a zone “A”
SRB for the YNSS rate at an award level of 1.0."

CONCLUSION

Upon review and consideration of ali the evidence of record, and
notwithstanding the opinion expressed in enclosure (6), the Board
finds the existence of an injustice warranting corrective action. The
Board relied heavily on the following factors: The member submitted
his reenlistment request to his command on 18 December 2008 well ahead
of his EAOS {of 19 July 2009} and well ahead of his requested
reenlistment date (of 9 March 2009). His command was unable to
process his reenlistment request into OPINS in a more timely manner
due to “operational constraints.” If the SRB request had been
entered in OPINS in more quickly, Petitioner would have been
authorized to reenlist for a bonus. The delay in submitting the SRB
request into OPINS was not attributable to the Petitioner. Under
these circumstances, the Board was of the opinion that the member
should not be penalized for the inability of his command to submit the
request into OPINS earlier and that relief should be granted to
authorize the payment of an SRB.
Docket No. 3260-09

RECOMMENDATION:

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

a. Petitioner’s command submitted a request via OPINS prior to
9 January 2009 seeking authorization for Petitioner to reenlist for an
SRB.

b. The Navy Personnel Command approved the request to reenlist
for an SRB.

¢. Petitioner was discharged on 8 March 2009 and reenlisted on
9 March 2009. The term is 3 years.

e. This change will entitle the member to a zone “A” SRB with an
award level of 1.06 for the YNSS rate. Remaining obligated service to
19 July 2009 will be deducted from SRB computation.

c. The Petitioner executed a 2 month agreement to extend
enlistment, (NAVPERS 1070/621) to OBLISERV for orders operative on or
about 9 March 2012.

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 and complete record of
the Board’s proceedings in the above entitled matter.

ROBERT D. Z2SALMAN fee J. HESS,
Recorder Acting Recorder
5. The foregoing action of the Board is submitted for your review

and action.

27 October 2009 \xd

W. DEAN PFEI
Executive Di

   
 

Reviewed and approved.