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) MILPERSMAN 7220-090 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) OCNO memo 7220 Ser N137/41 of 6 Mar 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 to establish entitlement to retroactive Hazardous Duty Incentive Pay (HDIP) for diving duty. 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 17 November 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, 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.  On 29 September 2015, Petitioner issued BUPERS Order 2725 for assignment to   in a diving duty status.  
 
     b.  Petitioner awarded the Diver First Class (5342/M1DV) Navy Enlisted Classification (NEC) on 1 March 2016. 
 
    c.  Petitioner was assigned to  from 22 April 2016 through 1 May 2019 and received HDIP at the Second Class Dive Pay rate of $215. 
 
    d.  Petitoner reported to  on 3 May 2019 and HDIP at the First Class Dive Pay rate of $315 was initiated the same date. 
 
     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 criteria to receive HDIP for diving duty at the Diver First Class rate while assigned to  per reference (b).  However, because of administrative oversight, Petitioner did not receive the increase rate for HDIP upon earning the Diver First Class NEC.  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 entitled to HDIP for diving duty while assigned as Diver First Class (NEC (5342/M1DV)), onboard  (UIC:  ), during the period of  
23 March 2016 through 2 May 2019, at the rate of $315 vice $215 per month.  Note:  Defense Finance and Accounting Service will complete an audit of Petitioner’s pay records to determine retroactive 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.