DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA  22204-2490

Docket No. 4924-18
DEC 11 2019

From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy

Subj:  

Ref:  (a) Title 10 U.S.C. §1552

Encl: (1) DD Form 149 w/attachments
      (2) OCNO memo 7220 SerN137/34  dtd 26 Sep 19
      (3) Subject's naval record

1. Pursuant to the provisions ofreference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to receive entitlement to Special Pay for Diving.

2. The Board, consisting of	, reviewed Petitioner's allegations of error and injustice on 30 Sepember 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 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. 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:

Petitioner completed Naval Special Warfare Basic SEAL/SWCC Training on 1 August 2016, and received appropriate designation for diving pay at the monthly rate of $240. Consequently, Petitioner failed to receive the appropriate diving pay amount until 4 June 2018. Petitioner student diving pay at the monthly rate of $150.00 was discontinued on 4 June 2018, and Petitioner's diving pay in the monthly amount of$240.00 was adjusted on 5 June 2018.

RECOMMENDATION

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

Petitioner was entitled to Special Warfare Officer Diving Pay while assigned as Special Warfare Officer (Designation 1130) on 1 August 2016 to 4 June 2018 at the monthly rate of $240.00, vice $150.00. 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 ofreference (a), has been approved by the Board on behalf of the Secretary of the Navy.