Docket No. 3083-19  
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 N130/20U0601 of 24 Apr 20 
      (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 show Petitioner’s transfer date was corrected in order receive unpaid Special Duty Assigments Pay (SDAP) and to restore unused leave days. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 28 April 2020 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 Petitioner’s naval record, 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.  On 17 January 2018, Petitioner received official modification to change duty orders (BUPERS order 3177) detaching in March of 2018. 

c.  On 26 February 2018, Petitioner received official modification to change duty orders (BUPERS order 3177) detaching in September of 2018.  Petitioner departed at 07:00 on 14 September 2018, and arrived for duty under instruction at 12:40 on 14 September 2018. 

d.  On 14 August 2018, Petitioner’s SDAP stopped.  Furthermore, Petitioner was charged leave from 14 August 2018 to 13 September 2018 (31 days) for delay en route/operations travel. 

e.  On 17 October 2019, Petitioner arrived to EODMU 6 for duty. Furthermore, Petitioner’s SDAP started. 

f.  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 Board concluded that Petitioner’s transfer date was incorrect resulting in placing him on a leave status and stopping his SDAP. 

RECOMMENDATION 

That Petitioner’s naval record be corrected, where appropriate, to show that: 

Petitioner transferred from on 14 September 2018 vice 14 August 2018. Petitioner received SDAP from 15 August 2018 to 14 September 2018. Petitioner was credited with 31 days leave (14 August 2018 to 13 September 2018). 

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.