DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

pgc
Docket No. 7080-09
27 October 2009

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 050/09 of 10 February 2009
(3) Reenlistment Request Form
(4) NPC Memo 1160 Ser 811/673 dtd 13 Oct 089
(5)° 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}.

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 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 early 2009, applicant was a Missile Technician Second
Class (MT2) on active duty with an End of Obligated Service (EAOS)
date of 16 July 2009.

c. On 10 February 2009, NAVADMIN 050/09 was published announcing
Selective Reenlistment Bonus (SRB) award levels for Active and Reserve
component personnel. The NAVADMIN listed an award level of 2.5 for
members with a MT/33XX rating who reenlist in zone B. Under the
guidance announced by NAVADMIN 050/09, “Commands must submit SRB
requests via OPINS (Officer Personnel Information System) 35-120 days
in advance of the sailor’s EBAOS or reenlistment date to ensure the
Docket No. 7080-09

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 25 February 2009, the member received Permanent Change of
Station orders with an expected detachment month of July 2009.
Petitioner was required to obligate for additional service (OBLISERV)
through September 2012 in order to execute the homeport change
associated with the PCS orders.

e. On 26 February 2009, Petitioner submitted a reenlistment
request form to his Command Career Counselor for routing through the
chain of command. He requested authorization to reenlist on 20 April
2009 for a term of 6 years.

£. Petitioner “followed up” on his reenlistment request on
multiple occasions. However, the request was “lost in routing.”

g. On 7 April 2009, Petitioner’s Command submitted the SRB
request into OPINS. :

h. On 8 April 2009, because the OPINS request was submitted only
13 days prior to his requested reenlistment date, Petitioner's request
to reenlist for SRB was disapproved.

i. On 30 June 2009, Petitioner submitted another reenlistment
request form to his Command Career Counselor for routing through the
chain of command. He requested authorization to reenlist on 1 July
2009 for a term of 6 years. Enclosure (3).

j. On 1 July 2009, the member reenlisted for a term of 6 years.
The member did not receive a Selective Reenlistment Bonus (SRB) for
the reenlistment.

k, On 6 July 2009, Petitioner submitted an application to this
Board averring, essentially, that the failure to submit his initial
SRB request into OPINS 35 days in advance of his requested
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 commanding officer which states that
the initial reenlistment: request was “lost in routing.” He further
stated that Petitioner is a “top performer” who “made a good faith
effort to reenlist, but due to the request being lost...he effectively
lost §35,000 in SRB.”

1. By enclosure (4), the Navy Personnel Command 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 his request had been
Docket No. 7080-09

submitted in OPINS in a timely manner, he would have been eligible to
reenlist for an SRB.”

CONCLUSION

Upon review and consideration of all the evidence of record, and
notwithstanding ‘the opinion expressed in enclosure (4), the Board
finds the existence of an injustice warranting corrective action. The
Board relied heavily on the following factors: The member submitted
his initial reenlistment request to his command on 26 February 2009,
the day after he received his PCS orders. This request was submitted
well ahead of his EAOS (of 16 July 2009), well ahead of his requested
reenlistment date (of 20 April 2009) and well ahead of his estimated
detachment month (of July 2009). His command was unable to process
his reenlistment request into OPINS in a more timely manner because
the reenlistment request was “lost in routing.” If the reenlistment
request had not been lost and if the SRB request had been entered into
OPINS by 16 March 2009, Petitioner would likely have been authorized
to reenlist on 20 April 2009 for a bonus with an award multiple of —
2.5. The delay in submitting the SRB request into OPINS in a timely
Manner 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.

RECOMMENDATION:

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

a. Petitioner's command submitted a request via OPINS prior to
16 March 2009 seeking authorization for Petitioner to reenlist on
20 April 2009 for an SRB.

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

¢. Petitioner was discharged and reenlisted on 19/20 April 2009,
vice on or about 30 June/1l July 2009. The term is 6 years.

dad. This change will entitle the member to a zone “B” SRB with an -
award level of 2.5 for the MT/33XX rate/NEC. Remaining obligated
service to 16 July 2009 will be deducted from SRB computation.

e. A copy of this Report of Proceedings will be filed in’
Petitioner’s naval record.
Docket No. 7080-09

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 , _fllew J. HES
Recorder Acting Recorder.
5. The foregoing action of the Board is submitted for your review

and action.

27 October 2009 —

 

Reviewed and approved.