DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
 
From:   Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO   
 
Ref:   (a) Title 10 U.S.C. §1552 
       (b) DoD 7000.14-R FMR Volume 7A, Chapter 11 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) OCNO memo 7220 Ser N137/59 of 26 Feb 2021 
        (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 show Petitioner was eligible for and received SCUBA Dive Pay. 
 
2.  The Board, consisting of Mr.  Mr.  and Ms.  reviewed Petitioner’s allegations of error and injustice on 10 August 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, 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 accordance with reference (b), members entitled to basic pay for diving duty for periods during which they are assigned by orders, required to maintain proficiency as a diver by frequent and regular dives, and they are either actually performing diving duty while serving in an assignment for which diving is a primary duty or meeting the requirements to maintain proficiency while serving in an assignment that includes diving other than as a primary duty.  Note:  If a Navy officer is Diving Officer (SCUBA) (Must have completed SCUBA course of instruction, Course Identification Number A 433-0023) and has a designator of various then the office may receive diving duty pay at the monthly rate of $150.   
 
     c.  On 24 July 2016, Petitioner arrived to  (  for duty. 
 
     d.  On 18 July 2016, Petitioner graduated from Scuba Diver (Course code 6419). 
 
     e.  On 28 August 2016, Commanding Officer,   (  notified Petitioner that he was disignated as a Scuba Diver.  Petitioner meet all training requirements and is designated as a Scuba Diver on the Ship's Diving Bill for    Petitioner is directed to maintain Scuba Diving proficiency and shall be eligible to receive Dive Pay during the timeserving in this role. 
 
     f.  On 4 August 2019, Petitioner was issued a Fitness Report and Counseling Record (W2-O6) (NAVPERS 1610.2) with an occasion for report for detachment of Reporting senior for the period of 1 February 2019 to 4 August 2019. 
  
     g.  On 11 August 2019, Petitioner transferred. 
 
     h.  On 13 August 2019, Petitioner arrived to OPNAV for duty. 
 
     i.  On 4 November 2020, Petitioner’s dive summary via Dive/Jump Reporting System report was run with the following dive dates: 29 July 2016, 10 August 2016, 22 December 2016, 17 March 2017, 29 March 2017, 27 April 2018, and 21 August 2018.  
 
     j.  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 partial 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 partial corrective action.  The Board concluded that Petitioner met all training requirements and was designated as a Scuba Diver on the Ship’s Diving Bill for  (). Petitioner was eligible to receive Dive Pay during his time serving in that role.  In accordance with reference (b), Petitioner is only eligible for a monthly payment of $150, vice the $240 he believes he is entitled to.   
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner was authorized SCUBA dive pay from 28 August 2016 to 4 August 2019. 
 
Note: Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay.   
 
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. 
 
9/20/2021
Deputy Director