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

Docket No. 3139-20 

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

Subj: REVIEW OF NAVAL RECORD ICO  , USN RET, XXX-XX- 

Ref: (a) Title 10 U.S.C. §1552             
     (b) MILPERSMAN 7220-090
     (c)DODFMR, Vol 7A, Chp 11 

Encl: (1) DD Form 149 w/attachments 
(2) OCNO memo 7220 Ser N137/51 of 9 Sep 20 
(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 that his naval record be corrected to reflect entitlement to Diving Duty Pay as a Diving Officer vice Diving Student from June 2007. 

2. The Board, consisting of Ms. , Mr. and Mr. , reviewed Petitioner’s allegations of error and injustice on 11 May 2021 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings:

a.  In accordance with reference (b) members may receive dive pay when the following criteria is met, member is a designated diver or under training for a specific diver designation; member’s diving qualifications are current; and member is under competent orders to diving duty.

b. On 7 June 2007, Petitioner completed the course for Marine Engineer Diving Officer.

c. On 14 April 2020, Petitioner provided his Dive/Jump Reporting System Personal Dive History verifying he maintained certification.  

d. On 3 September 2020, Petitioner Master Military Pay Account reflected he received Diving Duty Pay at the student rate of $150 per month from 22 January 2007 though 31 August 2019 and began receiving the Diving Officer rate of $240 on 1 September 2019.

e.  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 met the basic eligibility criteria to receive dive pay at the qualified Diving Officer rate; however, because of administrative oversight, the appropriate pay rate was not properly processed in accordance with reference (c).  Although the proper administrative requirements were not completed, the Board felt that under these circumstances, relief is warranted. 

RECOMMENDATION 

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

Petitioner was approved and certified to receive Diving Officer – Diving Duty Pay from 22 June 2007 through 31 August, 2019 at the rate of “$240” vice “$150” per month. 

Note:  Defense Finance and Accounting Service will complete an audit of Petitioner’s pay records to determine difference in pay entitlement. 
A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 

4. It is certified that a 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 


6/22/2021 
Deputy Director