Docket No. 4062-19
Ref: Signature Date

 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO CAPT            
              
Ref:   (a) Title 10 U.S.C. §1552 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) OCNO memo 7431 Ser N130C4/1296 of 22 Jul 2019 
        (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 was paid $360 in Hostile Fire Pay/Imminent Danger Pay, and $58 for two months of Servicemen’s Group Life Insurance Premiums which were refundable while in a combat zone.   
 
2.  The Board, consisting of               , reviewed Petitioner’s allegations of error and injustice on 30 June 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 October 2006, Public Law 109-364 was enacted with the following changes:  
 
Authorized reimbursement of premium deductions for SGLI for service members who have SGLI coverage, and who serve in the theater of operations for Operation Enduring Freedom (OEF) or Operation Iraqi Freedom (OIF). Effective September 1, 2010, OIF was changed to Operation New Dawn (OND) and authorization was provided to continue to pay all entitlements authorized for OIF to service members deployed in support of OND.  What this means to affected service members is that when they deploy for OEF or OND, and they have elected less than the maximum level of SGLI, they may increase your SGLI coverage amount to the maximum $400,000 and their premiums will increase as well (submit SGLV 8286 to your Personnel Office).  However, although they will see an increase in their premium on their Leave and Earnings Statement, they will also see a credit in an equal amount posted monthly (Air Force, Army, Marine Corps) or bi-monthly (Navy) as reimbursement by their Service. 
 
     c.  In accordance with DoD 7000.14R Financial Management Regulation Volune 7A, Chapter 10 (Special Pay - Duty Subject to Hostile Fire or Imminent Danger) figure 10-1 listed the area of Afghanistan including land area and airspace effective 1 November 1988 to present.  Furthermore, Chapter 44 (Withholding of Income Tax) figure 44-2 listed Afghanistan authorized by Executive Order 13239 effective 19 September 2001 to present.  
 
     d.  On 5 November 2015, Petitioner was issued contingency support TEMADD (Temporary Additional Duty) orders with a proceed date of 22 November 2015, and an estimate return date of 30 April 2016 (159 days). 
 
     e.  On 24 December 2015, Petitioner arrived to                        for .   
 
     f.  On 11 January 2016, Petitioner was issued  order modification while attached to  with an estimate date of arrival of 15 December 2019, and an estimate date of departure of 30 April 2016. 
 
     g.  On 4 April 2016, Petitioner departed from  upon termination of              orders.    
 
     h.  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 in accordance with Petitioner’s Master Military Pay Account, several adjustments were made throughout the period in question.  Therefore, the Board recommends that an audit be conducted in order for proper payment/deductions under Taxable Wages Combat Zone Exclusion, Hostile Fire/Imminent Danger Pay, and Servicemen’s Group Life Insurance.     
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner's deployed entitlements/deductions were properly audited (Taxable Wages Combat Zone Exclusion, Hostile Fire/Imminent Danger Pay, and Servicemen’s Group Life Insurance during Petitioner’s TAD assignment while serving  as an t.  Orders issued in support of OEF. 
 
Note: Defense Finance and Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay and allowances while Petitioner was on temporary additional duty orders to          from 24 December 2015 to 4 April 2016. 
 
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. 
 

8/25/2020


Deputy Director