DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DIC
Docket No, 4165-09
8 Dec 09
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
Se
REVIEW O
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) NPC Memo 1160 Ser 811/312 dtd 14 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 “C” 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
7 December 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. 4165-09
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. The 17 month agreement to extend enlistment (NAVPERS
1070/621), operative on or about 23 February 2010, is null and void.
b. The Petitioner was discharged and reenlisted on
29/30 June 2008, vice on or about 19/20 March 2009. ‘The term is 5
years.
c. This change will entitle the member to a zone “C” SRB with an
award level of 3.0 for the NC/5342 rate/NEC. Remaining obligated
service to 22 March 2009 will be deducted from SRB-computation.
Remaining obligated service beyond the 16 year active date will not be
included in the SRB calculation.
ad. 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. ZSALMAN A J. HESS, II
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.
, ft
8 Dec 09 Sea
W. DEAN PFEIF
Executive Dire
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