DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DJC
Docket No. 1723-11
26 Apr 11
From: Chairman, Board for Correction of Naval Records
EO Secretary of the Navy
Subj: REVIEW OF — RECORD ICO
Ref: (a) Title 10 U.S.c. 1552
Encl: (1) DD Form 149 w/attachments
(2) NPC Memo 1160 Ser 811/115 dtd 9 Mar 11
(3) Subject’s naval record
dew 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 cancel an agreement to extend enlistment, and modify an immediate
reenlistment contract.
2. The Board, consisting of Mr. Pfeiffer, Mr. Zsalman, and
Mr. George, reviewed Petitioner’s allegations of error and injustice
on 25 April 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. 1723-11
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. The 9 month agreement to extend enlistment (NAVPERS
1070/621), operative on or about 1 November 2013, is null and void.
b. The immediate reenlistment contract (NAVPERS 1070/601),
executed on or about 1 November 2010 is for a term of 4 years, vice 3
years.
c. This change will entitle the member to a zone “A” SRB with an
award level of 2.0 for the ETSW rate. Remaining obligated service to
9 November 2010 will be deducted from SRB computation.
d. The Petitioner's previous zone "A" SRB payment should be
adjusted to reflect recent zone "A" entitlement.
e. Petitioner’s command must submit the tax free data code to
DFAS for determination of tax free eligibility.
f. 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.
ROBERT D. ZSALMAN WILLIAM J. HESS, III
Recorder Acting Recorder
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.
26 Apr 11
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