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

Docket No. 7923-20
Ref:  Signature Date
 
 
 
 
 
Dear :  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 10 August 2021.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations, and policies.  In addition, the Board considered the advisory opinion contained in Office of the Chief of Naval Operations memorandum 7220 Ser N130/21U0178 of 19 February 2020; a copy of which was previously provided to you for comment. 
 
On 17 February 2017, you signed an agreement to extend enlistment for 12 months with an Soft End of Active Obligated Service (SEAOS) of 21 March 2022 in order to be advanced to ETR3/E-4.  On 30 May 2017, you arrived to  for duty with Projected Rotation Date (PRD) of April 2021.  On 25 November 2019, Sea Duty Incentive Pay (SDIP) eligibility chart listed the ETR rating E-3 to E-5 monthly SDIP rate of $400 for sailors in active duty billets only.  On 2 December 2019, NAVADMIN 274/19 was published.  Extending your Prescribed Sea Tour (PST) by 6 months.  On 7 February 2020, you reenlisted for 6 years with an EAOS of 6 February 2026.  On 28 February 2020, you submitted an Electronic Personnel Action Request (NAVPERS 1306/7) requesting to extend for 24 months onboard  .  You made the following entry: “I am requesting to receive SDIP-E in the amount of $400 a month.  I understand that I am exceeding my maximum sea tour of 60 months.”  Commanding Officer recommended the change.  
 
You requested my PRD reflect April 2023 and include approval for SDIP currently at $800 per month for the ITS/ETR rate merger; the Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that at the time of your SDIP application, the monthly rate for your paygrade was $400.  Your PRD was involuntarily extended six months to October 2021 in order to meet the 54 months initial PST for his rate.  Because you are still serving in your initial PST and have not collected the lump sum payment for your SDIP extension, it is recommended that you request from PERS-40 to reduce your extension to 18 months, changing your PRD to April 2023.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 
 
You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.    

Sincerely, 
9/20/2021
Deputy Director