DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DGC
Docket No. 10700-09
25 Jan 10
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) HOMC Memo 1040 MMBA dtd 7 Dec 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 “B” Selective Reenlistment Bonus
(SRB).
2. The Board, consisting of Mr. Pfeiffer, Mr. Zsaiman, and Mr.
George, reviewed Petitioner's allegations of error and injustice on
25 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 folilows:
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 Noe. 10700-09
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, to
show that:
a. The 1 month agreement to extend enlistment (1133) (NAVMC
321a), operative on or about 26 June 2009, is null and void.
b. The 1 month agreement to extend enlistment (1133) (NAVMC
321a}, operative on or about 20 July 2009, is nyll and void.
c. The Petitioner was discharged and reenlisted on 5/6 June
2009, vice on or about 24/25 July 2009. The term is 4 years and 2
months.
d. This change will entitle the member to a zone “B” SRB for MOS
3043, which is capped at $12,500 for 48 months of additional obligated
service. Remaining obligated service to 19 June 2009 will be deducted
from SRB computation.
e. 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 mul? J. felieaee if
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 previsions, 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.
25 Jan 10 RSS Ts
fo~_W. DEAN PFETFFER
Executive Director
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