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

Docket No. 10178-17 
APR 22 2019 
From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Ref: (a) Title 10 U.S.C. §1552 
Encl: (1) DD Form 149 w/attachments 
      (2) OCNO memo 7220 Ser Nl30/19U0191 dtd 29 Jan 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 establish entitlement to retroactive Special Duty Assignment Pay (SDAP). 

2.  The Board, consisting of        reviewed Petitioner's allegations of error and injustice on 8 February 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 the 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 was eligible for SDAP entitlement while serving as First Class Diver, onboard Mobile Diving and Salvage Unit     . However, Petitioner's command failed to take action upon receiving the Commanding Officer's designation letter on 20 May 2015. Subsequently, Petitioner SDAP entitlement began on 1 August 2017. 

RECOMMENDATION 

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

Petitioner was entitled to SDAP while assigned as Diver First Class (NECMlDV), onboard 
Mobile Diving and Salvage (42838), from 20 May 2015 to 31 July 2017 at SDAP level SD-2 at the rate of $150.00 per month. Note: 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 of reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 


Executive Director