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NAVY | BCNR | CY2009 | 03662-09
Original file (03662-09.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTIGN OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

DIC
Docket No. 3662-09
28 July 2009

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

REVIEW OF

 

Subj: NAVAL RECORD ICO

         
 

Ref: (a) Title 10 U.S.C. 1552

Encl: (1) DD Form 149 w/attachments
(2) HQMC Memo 1040 MMEA dtd 28 May 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 establish entitlement to a zone “B” Selective Reenlistment Bonus
(SRB), and a Operational Forces (OPFOR) Selective Reenlistment Bonus
(SRB).

2. The Board, consisting of Mr. Pfeiffer, Mr. Zsalman, Mr. George,
reviewed Petitioner’s allegations of error and injustice on

27 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 ail
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. 3662-09

RECOMMENDATION;

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

a, The 5 month NAVPERS 1070/621 extension agreement, operative
on or about 22 June 2008, is null and. void.

b. The Petitioner was discharged and reenlisted on
10/11 June 2008, vice on or about 9/10 October 2008. The term is 4
years and 6 months.

c. This change will entitle the member to a zone “B” SRB for MOS
0352, which is capped at $28,000 for 48 months of additional obligated

service. Remaining obligated service to 21 June 2008 will be deducted
from SRB computation.

d. This change will entitle the member to an OPFOR SRB for MOS
0352 with an award payment of $20,000 (The petitioner aggress to serve
24 months in the Operational Forces, MCC V16 or another MCC per the
reference; MARADMIN 654/07).

e. 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.

(ull. AW

ROBERT D. ZSALMAN nn J. HESS
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.

28 July 2009 \SNven 8

W. DEAN PFE
Executive D Or

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