From:   Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj: REVIEW OF NAVAL   
 
Ref:   (a) Title 10 U.S.C. §1552 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) CNO memo 7220 Ser N137/22 of 25 Feb 19 
        (3) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting, in effect, that the applicable naval record be corrected to establish entitlement to retroactive Dive Pay. 
 
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 10 May 2019 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, relevant portions of Petitions 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 concurred with enclosure (2) and finds the existence of an injustice warranting the following corrective action.  The Office of the Chief of Naval Operations reviewed the Petitioner’s records and determined that per the MILPERSMAN 7220-090 and the Financial Management Regulation Volume 7A, Chapter 11, Petitioner met all the requirements to be entitled to diving duty pay as a Second Class Diver from 18 April 2016 to 30 September 2017. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner was entitled to Dive Pay while assigned as Second Class Diver (NEC-5343/M2DV), onboard   in the amount of $215.00 from 18 April 2016 to 30 September 2017.  Petitioner is entitled an additional retroactive amount of $65.00 per month [was paid $150 vs $215] from 18 April 2016 to 30 September 2017.  Note:  The final payment will be determined by Defense Finance and Accounting Services. 
 
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. 
 
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.