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NAVY | BCNR | CY2010 | 02091-10
Original file (02091-10.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

DIC
Docket No. 2091-10
14 Sep 10

From: Chairman, Board for Correction of Naval Records
TG: Secretary of the Navy

Subj: REVIEW OF NAVAL RECORD ICO

Ref: (a) Title: 10 Us.8Sv€. L552

Encl: (1) DD Form 149 w/attachments
(2) NPC Memo 1160 Ser 811/412 dtd 29 Jul 10
(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 “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 13 September 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. 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 No. 2091-10
RECOMMENDATION:

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

a. The 10 month agreement to extend enlistment (NAVPERS
1070/6211), operative on or about 27 July 2009, is null and void.

b. The 4 month agreement to extend enlistment (NAVPERS
1070/621), operative on or about 27 March 2009, is null and void.

c. The 12 month agreement to extend enlistment (NAVPERS
1070/621), operative on or about 27 March 2008, is null and void.

d. The Petitioner was discharged on 25 March 2007 and
reenlisted, on 26 March 2007. The term is 3 years.

e. This change will entitle the member to a zone “A” SRB with an
award level of 1.0 for the HM/8432 rate/NEC.

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

g. The Petitioner executed a 2 month agreement to extend
enlistment, (NAVPERS 1070/621) operative on or about 26 March 2010.

h. The Petitioner was discharged on 16 May 2010 and reenlisted,
on 17 May 2010. The term is 3 years.

i. This change will entitle the member to a zone “B” SRB with an
award level of 1.0 for the HM/8410 rate/NEC. Remaining obligated
service to 25 May 2010 will be deducted from SRB computation.

j. The Petitioner's previous zone "B" SRB payment should be
adjusted to reflect recent zone "B" entitlement.

k. The Petitioner executed a 1 month agreement to extend
enlistment, (NAVPERS 1070/621) operative on or about 17 May 2013.

1. 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 proceédings in the above entitled matter.

ROBERT D. ZSALMAN WILLIAM J. ‘io ee
Recorder Acting Recorder
Docket No. 2091-10

B i 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 provisions, 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.

14 Sep 10 Lo De Ap
W. DEAN E
iC

Executive Di

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