DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

WJH
Docket: 7609-99
23 Apr 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

Enel: (1) DD Form 149 w/attachments

(2) NAVADMIN 006/09 of 9 January 2009

(Selective Reenlistment Bonus Policy Change)

{3} NAVADMIN 050/09 of 10 February 2009
{Selective Reenlistment Bonus) Message
PERSCOM msq 0701204 Mar 09
CO FRC MIDLANT ltr 1440 Ser 00/298 of 15 Mar 10
NPC Memo 1160 Ser 811/565 of 17 Aug 09
E-mails and papers relating to Petitioner’s
application

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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 19 April 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:
Docket: 7609-09

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 late 2008, applicant was an Aviation
Electronics Technician Third Class {AT3}) on active duty
with an End of Obligated Service (EAOS) date of 29 August
2009. He was deployed with the USS Roosevelt battle group
from September 2008 through April 2009.

c. On 9 January 2009, NAVADMIN 006/09 (Selective
Reenlistment Bonus Policy Change) was published. This
NAVADMIN announced a more restrictive policy governing
eligibility for SRB’s. The new policy restricts SRB’s to
reenlistments occurring within 90 days of a sailor’s EAOS.
However, sailors serving in a Combat Zone Tax exclusion
(CZTE) /Hazardous duty area were excepted from the new more
restrictive policy. See enclosure (2).

d. NAVADMIN 006/09 also states that in order for a
Sailor to be eligible for an SRB, the sailor’s command is
required to submit the SRB requests “via OPINS (Officer
Personnel Information System) 35-120 days prior to the
requested reenlistment date. Requests submitted less than
35 days prior to the reenlistment date may be rejected.”

e. On 4 February 2009, applicant submitted a
reenlistment request through his Command Career Counselor
seeking to reenlist on 15 March 2009 for a term of 3 years.
He also requested a tax free SRB for the reenlistment.

The SRB award level available at the time for members with
an AT rate who reenlist in zone A was 0.5. See enclosure

(1).

£. On or about 4 February 2009, the applicant’s
Division Officer approved the reenlistment request.

g. On 10 February 2009, NAVADMIN 050/09 (Selective
Reenlistment Bonus) was published. This NAVADMIN announced
revised SRB award levels. Decreased award levels became
effective on 11 March 2009. Under this new message the SRB
award level for the AT rating (applicant’s rating) was
scheduled to decrease from 0.5 to 0.0 effective 11 March
2009. The message also included the following transition
provision: “A sailor in a skill listed for reduction or
Docket: 7609-09

termination of award level who has...a pending
precertifiation for a reenlistment date of 10 March 2009 or
later must submit the request for a new reenlistment date

of 10 March 2009 or earlier to be eligible for the higher
award level.”?

h. On 4 March 2009, applicant’s command submitted the
SRB request into OPINS. Note: The OPINS request was not
submitted by the command until approximately 28 days after
the applicant’s Division Officer approved the reenlistment
request and only six days prior to applicant’s requested
reenlistment date. The command was deployed at the time.

i. On 7 March 2009, the OPINS SRB request was
disapproved by the Navy Personnel Command (NPC) because the
OPIS request was not submitted at least 35 days prior to
the requested reenlistment date. See enclosure (4).

J. On 9 March 2009, the member reenlisted for 3
years. He did not receive a Reenlistment Bonus.

k., Thereafter, the applicant submitted the instant
application to this Board. He claims, 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 “AT3 Saavedra did
everything correctly with his paperwork but inefficient
contact between the USS Roosevelt counselor and FRC Mid-
Atlantic counselor delay(ed) his request.” See enclosure
(5). The applicant requests that that his naval record be
corrected to show that he was authorized a bonus with an
award level of 0.5 (for the AT rating) for the reenlistment
9 March 2009.

Il. By enclosure (6), the Navy Personnel Command 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.

' This transition provision applied to sailors with an EAOS prior to 9
May 2009 (which Applicant did not have) or to sailors who were in a
CZTE/Hazardous duty area. Applicant was in a CZTE/Hazardous duty area
at the time.
Docket: 7609-09

CONCLUSION

Upon review and consideration of all the evidence of
record, and notwithstanding the opinion expressed in
enclosure (6), 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 4 February 2009,
well ahead of his EAOS (29 August 2009) and his requested
reenlistment date (15 March 2009). His command was unable
to submit his reenlistment request into OPINS until 4 March
2009 due to deployment and inefficient communications with
shore support. If the SRB request had been entered in
OPINS in a more timely manner, Petitioner would have most
likely been authorized to reenlist for a bonus on 9 March
2009 with an award level of 0.5. 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
0.5.

RECOMMENDATION :

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

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

b. Petitioner was authorized a zone “A” SRB with an
award level of 0.5 for the AT rate for the reenlistment of
9 March 2003. Remaining obligated service to 29 August
2009 will be deducted from SRB computation.

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

d. A copy of this Report of Proceedings will be filed
in Petitioner’s naval record.
Pocket: 7609-09

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 mat ter.

ROBERT D. ZSALMAN WILLIAM J, HES
Recorder Acting Recorder
5. The foregoing action of the Board is submitted for

your review and action.

23 April 2010

uk If
W. Soh
Executive Direc
Reviewed and approved.
(AdENbal afsfro

Assistant General Counsel
{Manpower and Reserve Affairs)