DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

DIC
Docket No. 7602-09
26 Feb 2010

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
(3) Reenlistment Request form
(4) NAVADMIN 050/09 of 10 February 2009
(5S) NPC Memo 1160 Ser 811/566 dtd 17 Aug 09
(6} 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 11 January 2010 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.

4

b. In late 2008, applicant was an Aviation Structural
Mechanic Petty Officer Third Class {(AM3) on active duty with an
End of Obligated Service (EAOS) date of 27 July 2009.
Docket No. 7602-09

¢. 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 an AM rating who reenlist in
zone A. Increased award levels were effective immediately and
decreases were effective 30 September 2008. Under the guidance
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 1 October 2008, Petitioner became entitled to
Hostile Fire/Imminent Danger Pay and Combat Zone Tax Exclusion
due to deployment onboard USS Roosevelt CVN 71 in the Persian
Gulf theatre of operation.

e. On 21 January 2009, Petitioner submitted a reenlistment
request form for routing through the chain of command.
Petitioner requested authorization to reenlist on 3 March 2009
for a term of 3 years. See enclosure (3).

f. On 23 January 2009, the Commanding Officer approved the
member’s reenlistment request.

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 11 March 2009. See enclosure (4).

h. On 3 March 2009, the Command submitted the reenlistment
bonus request through the Officer Personnel Information System
(OPINS). Note: the OPINS request was not submitted until 39
days after the Commanding Officer appeaved the member's
reenlistment request.

i. 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. ~

j. On 9 March 2009, the member reenlisted for 3 years.
The member did not receive a Selective Reenlistment Bonus.
Docket No. 7602-09

k. The member's entitlement to Hostile Fire/Imminent
Danger Pay and Combat Zone Tax Exclusion ended effective 31
March 2009,

1. On 16 July 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 Commanding Officer stating that a

did everything correctly with his paperwork, but
inefficient contact between the USS Roosevelt counselor and FRC
Mid-Atlantic Counselor delayed his request..{he) should not be
held accountable for the mishap that occurred. He reenlisted in
good faith that he would receive his bonus.”

m. By enclosure (5), the Navy Personnel Command (NPC) has
provided a recommendation that no relief be granted that would
provide the member a reenlistment bonus. 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.

CONCLUSION

Upon review and consideration of all the evidence of record, and
notwithstanding the opinion expressed in enclosure (5), the
Board finds the existence of an injustice warranting corrective
action. The Board relied heavily on the following factors:
Petitioner submitted his reenlistment request to his command on
21 January 2009, well ahead of his BAOS (27 July 2009) and well
ahead of his requested reenlistment date (of 3 March 2009). His
command was unable to submit his reenlistment request into OPINS
until 3 March 2009 (39 days after it was approved by the
commanding officer) because of command errors in the processing
of the request. If the SRB request had been entered in OPINS in
a more timely manner, Petitioner would have been authorized to
reenlist for a bonus with an award level of 1.0. 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 in a
more timely manner and that relief should be granted to
authorize the payment of an SRB with an award level of 1.0.
Docket No. 7602-09

RECOMMENDATION:

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

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

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

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

d. This change will entitle the member to a zone “A” SRB
with an award level of 1.0 for the AM rate. Remaining obligated
service to 27 July 2009 will be deducted from SRB computation.

e. Petitioner’s command must submit the tax free data code
to DFAS for determination of tax free eligibility.

£. 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 WILLIAM J. HESS,

Recorder Acting Recorder

5. The foregoing action of the Board is submitted for your

review and action.

 
 

26 Febriary 2010 . \o
W. DEAN PFN FE m
Exec ive Dipettor

tL Who ynle

Assictant General Gounsel
Marrsower and Reserve Affairs)

Reviewed and approved.