DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

MEH
Docket No. 8838-10

4 Jan 2011

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 Ser N130D2/10U0806 of 10 Nov 10
(3) CNRC message 302004% Oct 08
(4) Excerpts from 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 for Source Rate (EBSR)
of $21,000.

2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on 13
December 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 entered the Delayed Entry Program (DEP) on
25 November 2008 and executed a NAVCRUIT 1133/52, Annex A to the DD
Form 4. Annex A reflects the following enlistment guarantees:

“Option (1) ADVANCED ELECTRONICS/COMPUTER FIELD ABF-AECF
Option (2) ENLISTMENT BONUS GUARANTEE $10,000.00”.

Petitioner’s scheduled “ship date” under the original DEP contract was
29 September 2009.
Docket No. 8838-10

c. On 18 December 2008, Petitioner reclassified from the
Advanced Electronics Computer Field to the Nuclear Field (Open) Non-
Submarine Volunteer (6YO) and changed his “ship date” to October 2009.
The changes required a modification to his DEP contract. Accordingly,
he executed a NAVCRUIT 1133/52, Annex B to the DD Form 4. Annex B
reflects the following enlistment guarantees:

“Option (1) NF (OPEN) NON SUBMARINE VOLUNTEER (6YO) -NF
Option (2) ENLISTMENT BONUS GUARANTEE $21,000.00 (OCT 09)”.

(The NAVCRUIT 1133/52, Annex B superseded the NAVCRUIT 1133/52, Annex
A). He also executed a Page 13 Administrative Remarks entry stating
he elected to accept the Enlistment Bonus option, vice the Navy
College Fund or the Navy College Fund/Enlistment Bonus combination.

d. On 29 January 2009, Petitioner modified his contract for @
second time. The modification was made to change Petitioner's ship
date to 25 June 2009. To change the contract, Petitioner executed
NAVCRUIT 1133/52, Annex C to the DD Form 4. (The NAVCRUIT 1133/52,
Annex C superseded the NAVCRUIT 1133/52, Annex B). Annex C reflects
the following enlistment guarantees:

“Option (1) NF (OPEN) NON SUBMARINE VOLUNTEER (6YO)
Option (2) NAVY COLLEGE FUND GUARANTEE $21,000.00 (JUN 09)”.

Petitioner shipped to Recruit Training in June 2009.

e. Option (2), as written in Annex C, does not conform with the
standard protocol for entering either a “Navy College Fund” guarantee,
an “Enlistment Bonus” guarantee or a “Navy College Fund/Enlistment
Bonus combination” guarantee into an enlistment contract.* Because of
the manner in which the guarantee was written, Petitioner has been
prevented from receiving payment of any Enlistment Bonus.

f. On 13 August 2010, Petitioner filed an application seeking a
change to Annex C that would establish entitlement to a $21,000
Enlistment Bonus. He explains that when he changed his ship date and
executed Annex C, he was under the impression that he would receive an
Enlistment Bonus OF $21,000 and that he would not receive the Navy

College Fund.

 

' Any “Navy College Fund” guarantee offered in Annex C for a ship date in June
2009 would/should have been based on CNRC message 3020042 Oct 08 and
would/should have been entered on the contract as “NAVY COLLEGE FUND $350 PER
MONTH”. Any “Enlistment Bonus” offered would/should have been entered as
“ENLISTMENT BONUS GUARANTEE $21000.00 (JUN 09)". Any “Navy College
Fund/Enlistment Bonus Combination” guarantee offered would/should have been
entered as “ENLISTMENT BONUS/NAVY COLLEGE FUND COMBINATION §11,000/$350 per
month”. The entry of “NAVY COLLEGE FUND GUARANTEE $21000.00 (JUN 09)” in the
NAVCRUIT 1133/52, Annex C must necessarily be an erroneous combination of the

three possible options.
2
Docket No. 8838-10

g: In correspondence attached as enclosure (2), CNO N130, the
office having cognizance over enlistment incentives, has recommended
the request be denied. CNO N130 maintains that the entry of “NAVY
COLLEGE FUND GUARANTEE $21000.00 (JUN 09)”, although erroneous on its
face, should be interpreted to mean that the applicant contracted for
a combination of an $11,000 Enlistment Bonus plus the Navy College
fund (i.e. the “Navy College Fund/Enlistment Bonus Combination”) .

CONCLUSION:

Upon review and consideration of all the evidence of record,
notwithstanding the comments contained in enclosure (2), the Board
concludes that Petitioner's request warrants favorable action. The
Board reasoned that Option (2) as written on the Annex C must be
erroneous. No “Navy College Fund/Enlistment Bonus Combination” was
available that would pay a $21,000 enlistment bonus. Petitioner has
stated that he did not intend to change the amount of the bonus he
would receive when he executed Annex C. Annex C does not provide any
reason to doubt Petitioner’s claim. Moreover, the reason Petitioner
executed Annex C in the first place was to change his ship date, not
to change his program. Because Option (2) as written on the Annex C
igs erroneous on its face, the Board finds that deference should be
granted to Petitioner's claim and that the contract should be changed
to reflect a guarantee of a $21,000 Enlistment Bonus.

RECOMMENDATION:

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

a. Option (2) of Annex C to the DD Form 4 reflects “Enlistment
Bonus Source Rate (EBSR) $21,000,” vice “Navy College Fund Guarantee
$21,000 (JUNO9).” All other enlistment guarantees remain the same.

b. A copy of this Report of Proceedings will be filed in

Petitioner’s naval record.

4. Pursuant to Section 6(c) of the revised Procedures of the Board
for Correction of Naval Records (32 Code of Federal Regulations,
Section 723.6(c)) 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. Z4SALMAN WILLIAM J. aon’
Recorder Acting Recorder
5,
and action.

Reviewed.iand Approved
(0.x orl

 

     
   
  
   

Docket No. 8838-10

The foregoing action of the Board is submitted for your review
\p Wn. & )
W. DEAN PFEIFRE
Executive Direct

ROBERT L. WOODS
Assistant General Counsel _
(Manpower and Reserve Affairs)
1000 Navy Pentagon, Rm 4D548
Washington, DC 20350-1000