DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 304-18 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD Ref: (a) Title 10 U.S.C. §1552 Encl: (1) DD Form 149 w/attachments (2) OCNO memo 7220 Ser N137/23 of 26 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 this Board requesting, in effect, that the applicable naval record be corrected to establish entitlement to retroactive Dive Pay. 2. The Board, consisting of Ms. , Mr. , and , reviewed Petitioner’s allegations of error and injustice on 28 February 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 finds the existence of an injustice warranting the following corrective action. The Office of the Chief of Naval Operations reviewed the Petitioner’s dive records and determined that from March 2016 through December 2017, he was fully qualified and performed the duty as a First Class Diver meeting all the requirements for applicable special/incentive diving pay. Petitioner was receiving $215.00 per month, for a Second Class Diver. However, as a First Class Diver Petitioner was entitled to receive $315.00 per month. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner was qualified for and entitled to Dive Pay as First Class Diver at , (UIC ), at the rate of $315.00 per month vice $215.00 for the time period 23 March 2016 through 14 December 2017. Note: Defense Finance and Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay. 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. 3/26/2019 Executive Director