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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Pes,
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MEH
Docket No. 12805-09
19 Mar 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) CNO memo 7220 N130D/10U00148 of 18 Feb 10
(3) Excerpts of 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 an Enlistment Bonus (EB) for Source Rate
(EBSR) .
2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on 1 March
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.
b. Petitioner served in the United States Marine Corps from 26
January 1998 to 25 July 2002 when he was released from active duty
honorably. He remained in the United States Marine Corps Reserve and
served on active duty between 28 February 2003 to 30 June 2003, when
he was released from active duty honorably.
ec. After a break in active service of approximately 5 years he
enlisted in the United States Navy on 11 February 2008.
ad. On 11 February 2008, Petitioner executed Annex A to DD Form 4
Dated 20080211 (NAVCRUIT 1133/52), with the following enlistment
quarantees: Option (1) Naval Special Warfare Combatant-Craft Crewman
—
Docket No. 12805-09
Challenge Guarantee; and Option (2} $35,000 Special Operations
Enlistment Bonus Guarantee.
e, As Petitioner was an “Other Service Veteran” (OSVET), with
prior enlisted time, he was not required to attend “boot camp” at the
Navy Recruit Training Command (RTC), Great Lakes. However, he was
ordered to RTC for a transition period. While at RTC, he made a
decision to change his program from Naval Special Warfare Combatant-
Craft Crewman Challenge (SWCC) to Explosive Ordnance Disposal (EOD).
f. On 28 July 2008 Petitioner signed a Page 13 acknowledging
that his request to change programs from SWCC to EOD had been
approved. The Page 13 did not address enlistment bonuses.
g. OPNAVINST 1160.9, Paragraph 11, Section b, states “Page 13
entries cannot be used to create an EB contract or to modify or
supersede an existing contract.”
h. Petitioner alleges he was told the EOD program guaranteed the
same EB as the SWCC program. (This information is incorrect. The SWCC
EB is $35,000, the EOD EB is $40,000). He also states he was under
the impression he would still be entitled to an enlistment bonus even
though he changed programs.
i. In correspondence attached as enclosure (2), the office
having cognizance over the subject matter addressed in Petitioner's
application has recommended the request be denied. Under the
Enlistment Bonus policy delineated in OPNAVINST 1160.9, Petitioner was
not eligible for an EB because “Page 13 entries cannot be used to
create an EB contract or to modify or supersede an existing EB
contract.” Petitioner has no Annex B or other documentation in his
records that would establish entitlement to an EB for the EOD program.
CONCLUSION:
Upon review and consideration of all the evidence of record,
notwithstanding the comments contained in enclosure (2), the Board
finds the existence of an injustice warranting the requested relief.
The Board found essentially that the program change bonus was
Memorialized on the wrong form. If the reclassification had followed
proper procedures, Petitioner’s Annex A to DD Form 4 dated 20080211
would have been superseded and replaced with Annex B (vice a Page 13)
and would have included a bonus. This error was not attributable to
the Petitioner. The Board found that Petitioner signed the Page 13 in
good faith, under the assumption he would be eligible for a bonus.
Under these circumstances, the Board recommends the following
corrective action.
Docket No. 12805-0939
RECOMMENDATION :
That Petitioner's naval record be corrected, where appropriate, to
show that:
a. On 28 July 2008 Petitioner executed an Annex B to DD Form 4
dated 20080211, with the following enlistment guarantees:
Option (1) Explosive Ordnance Disposal (EOD) Program Guarantee
Option (2) Enlistment Bonus for Source Rate (#BSR) $40,000
b. The EB entitlement will be paid by Navy Personnel Command
(PERS-811).
¢. 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.
[blean. HY?
ROBERT D, ZSALMAN WILLIAM J. HESS III
Recorder Acting Recorder
5. The foregoing action of the Board is submitted for your review
and action.
W. DEAN
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: Meob Affe
Assistant
(Mannower end Reserve Affairs)
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