DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DIC
Docket No. 8538-10
19 ‘Oct: 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 MMEA dtd 6 Oct 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 an Operating Force Selective Reenlistment
Bonus (OPFOR SRB).
2. The Board, consisting of Mr. Pfeiffer, Mr. George, and
Mr. Exnicios, reviewed Petitioner’s allegations of error and injustice
on 18 October 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. 8538-10
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. The Petitioner was discharged on 29 April 2008 and
reenlisted, on 30 April 2008. The term is 5 years.
b. This change will entitle the member to a zone “B” SRB for MOS
0341, which is capped at $28,000 for 48 months of additional obligated
service. Remaining obligated service to 5 April 2009 will be deducted
from SRB computation.
c. The Petitioner's previous zone "B" SRB payment should be
adjusted to reflect recent zone "B" entitlement.
d. This change will further entitle the member to a OPFOR SRB,
with an award payment of $20,000 dollars for MOS 0341/MCC V23. The
member executed a written agreement to remain in the Operating Force
for at least 24 additional months.
e. Petitioner’s command must submit the tax free data code to
DFAS for determination of tax free eligibility.
£. 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.
fotbean ft 2
ROBERT D. ZSALMAN WILLIAM J. HESS,
Recorder Acting Recorder
Bs 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.
RSD |
W. DEAN PFELFFER
Executive Director
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