DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIC
Docket No. 9949-10
19 Jan 11
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) NPC Memo 1160 Ser 811/521 dtd 30 Sep 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 “B” 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 18 January 2011 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. 9949-10
RECOMMENDATION :
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. The 15 month agreement to extend enlistment (NAVPERS
1070/621), executed on or about 6 August 2008, is null and void.
b. The 12 month agreement to extend enlistment (NAVPERS
1070/621), executed on or about 15 October 2009, is null and void.
c. The 2 year reenlistment executed on or about 16 October 2009
is null and void.
d. The 12 month agreement to extend enlistment (NAVPERS
1070/621), operative on or about 16 October 2011, is null and void.
e. The 1 month agreement to extend enlistment (NAVPERS
1070/621), executed on or about 26 October 2009, is null and void.
f. The Petitioner executed a 15 month agreement to extend
enlistment (NAVPERS 1070/621), effective on or about 6 August 2008,
via the Obligated Service To Train (OTT) option.
g. The Petitioner was discharged on 15 October 2009 and
reenlisted, on 16 October 2009. The term is 4 years.
h. This change will entitle the member to a zone “B” SRB with an
award level of 3.5 for the HM/8506 rate/NEC.
i. 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.
[Lk ta A hP_
ROBERT D. ZSALMAN WILLIAM J. HESS, IT
Recorder Acting Recorder
Docket No. 9949-10
5. 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.
19 Jan 11 Tete fo
Fen W. DEAN PFETFFER
Executive Director
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