DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
DIC
Docket No. 4547-11
7 Jun 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 811/214 dtd 25 Apr 11
(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 modify agreements to extend enlistment.
2. The Board, consisting of Mr. Pfeiffer, Mr. Zsalman, and
Mr. George, reviewed Petitioner's allegations of error and injustice
on 6 June 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. 4547-11
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to
show that:
a. The 3 month agreement to extend enlistment (NAVPERS
1070/621), executed on or about 25 August 2003 is modified to read:
Having enlisted in the UNITED STATES NAVY on “9 October 1998”, vice
“A October 1998”, I understand my new contract expiration date to be
“g May 2004”, vice “15 May 2004", and TOTAL AGGREGATE MOS “7", vice
wg" .
b. The 24 month agreement to extend enlistment (NAVPERS
1070/621), executed on or about 25 August 2003 is modified to read:
Having enlisted in the UNITED STATES NAVY on “9 October 1998”, vice
“4 October 1998”, I understand my new contract expiration date to be
“8 May 2006", vice “15 May 2006”, and TOTAL AGGREGATE MOS "31", vice
a3.
c. The Petitioner was discharged on 22 April 2004 and
reenlisted, on 23 April 2004. The term is 5 years.
d. This change will entitle the member to a zone ‘B” SRB with an
award level of 3.5 for the IT/2780 rate/NEC. Remaining obligated
service to 8 May 2004 will be deducted from SRB computation.
e. The Petitioner's previous zone "B" SRB payment should be
adjusted to reflect recent zone "B" entitlement.
f. The Petitioner executed a 15 month agreement to extend
enlistment (NAVPERS 1070/621), on 27 December 2006.
g. The immediate reenlistment contract (NAVPERS 1070/601),
executed on or about 24 October 2008 is for a term of 4 years, vice 3
years.
h. This change will entitle the member to a zone “c”" SRB with an
award level of 1.0 for the IT/2780 rate/NEC. Remaining obligated
service to 22 April 2009 will be deducted from SRB computation.
Remaining obligated service beyond the 16 year active date will not be
included in the SRB calculation.
4. The Petitioner's previous zone "C" SRB payment should be
adjusted to reflect recent zone "C" entitlement.
j. The Petitioner was discharged on 20 April 2011 and
reenlisted, on 21 April 2011. The term is 4 years.
Docket No. 4547-11
k. 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.
rt
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.
7 Jun 11 tenner” aon
Few wWw. DEAN PFEIFFER
Executive Director
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