DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD
ARLINGTON, VA 22204
DIC
Docket No. 2114-12
25 Sep 12
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) OCNO Memo 5420 Ser N133D/144 dtd 5 Sep 12
(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), and Continuous Submarine Pay.
2. The Board, consisting of Mr. Pfeiffer, Mr. Zsalman, and
Mr. George, reviewed Petitioner’s allegations of error and injustice
on 24 September 2012 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. 2114-12
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 2 May 2011, is null and void.
b. The Petitioner was discharged on 29 April 2011 and
reenlisted, on 30 April 2011. The term is 6 years.
c. This change will entitle the member to a zone “B” SRB with an
award level of 1.0 for the ETSS/14XXA rate/NEC. Remaining obligated
service to 1 March 2013 will be deducted from SRB computation.
d. Petitioner’s command must submit the tax free data code to
DFAS for determination of tax free eligibility.
e. Note: CONSUBPAY effective commencement date is 3 May 2011.
The Petitioner's CONSUBPAY needs to be adjusted to reflect the above
change to the member’s record. The member is entitled to CONSUBPAY
for meeting the obligated service requirement of 18 months beyond the
member's projected rotation date. The Enlisted Submarine Pay Program
Monitor will work with DFAS for any portion of CONSUBPAY not credited
to the member’s account once NPC updates the member’s Enlisted Master
File. Contact N133D3 at 703-604-5502 or email nxag_ n133d3@navy.mil
for assistance with back pay if necessary.
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.
25 Sep 12 %
Yas \
W. DEAN PFELFF
eetor
Executive D
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