DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Due
Docket No, 12754-09
6 Apr 10
This is in reference to your application for correction of your naval
record pursuant to the provisions of 10 USC 1552.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
5 April 10. Your allegations of error and injustice were reviewed in
accordance with administrative regulations and procedures applicable
to the proceedings of this Board. Documentary material considered by
the Board consisted of your application, together with all material
submitted in support thereof, your naval record and applicable
statutes, regulations and policies. In addition, the Board considered
an advisory opinion furnished by NPC Memo 1160 Ser 811/711 dtd 22 Oct
09, a copy of which is attached,
After careful and conscientious consideration of the entire record,
the Board found that the evidence submitted was insufficient to
establish the existence of probable material error or injustice. Your
application of 4 December 2009 seeks to expunge your reenlistment
contract of 8 June 2009 entirely and to adjust your EAOS to 8 April
2010. In reviewing your record, the Board noted that you previously
requested Board action to entitle you to bonus (award level 3.0) for
that reenlistment. To support that request, you presented the
following two arguments. First, you averred, in general, that as part
of your Obliserv-to-Train (OTT) contract of 17 January 2008, you were
promised that you would receive a reenlistment bonus (award level 3.0)
upon reenlistment after completion of your training. Second, you
highlighted that your reenlistment contract of 8 June 2009 included
the words “SRB Zone B at award level 3.0.” Regarding your first
claim, the Board could not find any evidence that, in January 2008,
when you signed the OTT contract, you were specifically promised a
future reenlistment bonus at award level 3.0. Regarding your second
claim, the Board determined that when you signed that reenlistment
contract (8 June 2009) you were already aware of your ineligibility
for a 3.0 bonus. You were not entitled to a bonus for that
reenlistment because (a) you were still in zone A (which had an award
level of *0”), and (b) even if you had been in zone “B”, the award
Docket No. 12754-0909
level for zone “B” was “0”. The Board denied your prior application
seeking a reenlistment bonus of 3.0 on 5 October 2009. Thereafter, in
an effort to afford you the most favorable consideration possible, the
Navy Personnel Command suggested some possible alternatives that had
the potential to benefit you. Noting that the zone "B” award level
increased to “1.0” effective 2 Oct 2009, NPC suggested changing your
record to show that you reenlisted on 1 October 2009 (vice 8 June
2009) for a zone “B” bonus (at award level 1.0) for a term of 4 years.
» Another alternative discussed, as set out in enclosure {1) wag
expunging the reenlistment contract of 8 June 2009 and replacing it
with a reenlistment/extension (without a bonus) to obligate you
through April 2012. However, rather than seeking to have your record
changed based on either of these suggestions, you have requested
simply to have the reenlistment contract of 8 June 2009 expunged in
its entirety and to adjust your FAOS to 8 April 2010.
In reviewing your request (to expunge the reenlistment contract of
8 June 2009 and to adjust your EAOS to 8 April 2010), the Board notes
that just prior to this reenlistment, you received over fourteen
months of advanced training in Biomedical Equipment Repair between
February 2008 and May 2009. Your orders to the Biomedical Equipment
Repair school clearly stated that “obligated service to April 2012”
was required for the assignment. Your follow on orders to Okinawa
also stated “obligated service to April 2012” was required for that
assignment. Additionally, MILPERSMAN 1306-604 governs the obligated
service expectations for service schools. Under those guidelines,
. personnel who are assigned to a service school for fourteen months (as
in your case) are expected to obligate for 60 months (from the
commencement of the school). Under these circumstances, the Board
found no compelling reason to excuse you from an obligated service
requirement at least through April 2012 for the training you received.
Expunging the reenlistment in its entirety and adjusting your EAOS to
8 April 2010, as you have requested, would deprive the Navy of the
return on their investment in training you. Accordingly, your request
to expunge the reenlistment is denied. The names and votes of the
members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the Board
reconsider its decision upon submission of new and material evidence
or other matter not previously considered by the Board. [In this
regard, it is important to keep in mind that a presumption of
regularity attaches to all official records. Consequently, when
applying for a correction of an official naval record, the burden is
on the applicant to demonstrate the existence of probable material
error or injustice.
Sincerely,
Executive Dinedtor
Enclosure
NAVY | BCNR | CY2010 | 05814-10
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7426-09 23 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. On 19 May 2009, Petitioner’s Commanding Officer approved the reenlistment request. After reviewing the circumstances, N130 granted Petitioner a “waiver” to the limitation that “Commands must submit SRB requests via OPINS 35-120 days in advance of the sailor's EAOS or reenlistment date” provided Petitioner reenlist on 2 July 2009 as...
NAVY | BCNR | CY2002 | 07191-02
The petitioner were issued orders on 20 February 2001 from the Enlisted Personnel Management Management Center New Orleans, LA to The return to active duty for disenrollment from petitioner reenlisted on 10 July 2001 for six years and received a zone "B" SRB entitlement for NEC 3354. the' NROTC Program. d. The petitioner request to receive all SRB installments and "C" School for the previous reenlistment prior to entering guaranteed the BOOST Program. However, the member is In view of the...
NAVY | BCNR | CY2010 | 13542-10
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 DIC Docket No. 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” Full Time Support (FTS), Selective Reenlistment Bonus (SRB). This will establish an EAOS of 6 September 2011. f. A copy of this Report of...
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NAVY | BCNR | CY2009 | 03260-09
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NAVY | BCNR | CY1999 | 00375-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 May 1999. when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. This is an advisory memorandum to reference (a) for use 3. by the Board for Correction of Naval Records (BCNR) only.
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h. On 4 March 2009, applicant’s command submitted the SRB request into OPINS. 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. 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.
NAVY | BCNR | CY2009 | 05684-09
NAVADMIN 006/09 also reiterated the requirement that, “All SRB reenlistment requests are required to be submitted via OPINS 35-120 days prior to the requested reenlistment date.” See enclosure (3). n. On 8 April 2009, the OPINS request was approved for an award level of 0.5 by the Navy Personnel Command (NPC). 27 October 2009 Reviewed and approved.
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