DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DIC
Docket No. 5637-069
18 August 2009
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
Subj: | REVIEW
ai
PA eee
PA) L nee ara re)
Ref: (a} Title 10 U.S.c. 1552
Encl: (1) DD Form 149 w/attachments
(2) NPC Memo 1160 Ser 811/378 dtd 23 Jun 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. Exnicios, Mr. George,
reviewed Petitioner’s allegations of error and injustice on
17 August 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 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 partial
corrective action.
Docket No. 5637-09
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. The Petitioner was discharged and reenlisted on 22/23 August
2004, vice on or about 21/22 August 2004. The term is 4 years.
b. This change will entitle the member to a zone “C” SRB with an
award level of 6.5 for NEC 3366. Remaining obligated service beyond
the 16 year active date will not be included in the SRB calculation.
¢. That so much of Petitioner’s request for corrective action as
exceeds the foregoing be denied because there is insufficient evidence
of an intent to reenlist in excess of 4 years in 2004.
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,
| bebeew we
ROBERT D. ZSALMAN WILLIAM J. HESS, TI
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.
18 August 2009 \o “5 C
W. DEAN PEEL
Executive Diraéc
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