DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1901
ARLINGTON, VA 22204-2490
DIC
Docket No. NR12688-14
2 Dec 14
From: Chairman, Board for Carrection of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD ICO
Ref: {a) Title 10 U.S.C. 1552
Enel: (1) DD Form 149 w/attachments
(2) NPC memo 1160 Ser 813/282 dtd 18 Nov 14
(3) OCNO memo 5420 Ser N133D/707 dtd 25 Nov 14
(4) 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 cancel an agreement to extend enlistment, and then cancel and
issue, an immediate reenlistment contract.
>. the Board, consisting cf iia gana
reviewed Petitioner’s allegations of error and injustice on
1 December 2014 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 enclosures (2) and (3), 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 enclosures (2) and (3), the
Board finds the existence of an injustice warranting the following
corrective action.
Docket No. NR12688-14
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, to
show that:
a. The 20 month agreement to extend enlistment (NAVDERS
1070/621), operative on or about 9 January 2013, is nell and void.
b. The immediate reenlistment contract (NAVPERS 1070/601),
executed on or about 6 September 2014, is null and void.
c. The Petitioner was discharged on 28 June 2011 and reenlisted,
on 29 June 2011. The term is 6 years.
d. This change will entitle the member to a zone “B" SRB with an
award level of 0.5 ($60,000 dollar award ceiling) for the FT/13KX
rate/NEC. Remaining obligated service to 8 January 2013 will be
deducted from SRB computation.
e. The Petitioner's previous zone "B" SRB payment should be
adjusted to reflect recent zone "B" entitlement.
fF. Note: the Enlisted Submarine Pay Program monitor (N133D3 at
(703) 604-5502) will, via Defense Finance and Accounting Services
(DFAS), adjust (Start Date) CONSUBPAY entitlement effective 20 July
2011, vice 6 September 2014.
g. 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.
BARBARA A. NAHULAK
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. ,
2 Dec 14
ROBERT J. O'NEILL
Executive Director
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