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

Docket No. 2067-19
 
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 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) OCNO memo 7220 Ser N130/20U0721 dtd 25 Jun 20 
        (3) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show Petitioner’s Special Duty Assignment Pay (SDAP) entitlement increased to SD-3 ($225) effective 22 December 2017. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 30 June 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, 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.  10 April 2009, DoDI 1304.27 (Award and Administration of Special Duty Assignment Pay) was published with the following:  Members who meet the criteria for continuation of pay and allowances according to the PDUSD(P&R) Memorandum (Reference (g)), consistent with section 372 of Reference (c), shall have the qualifying pays and allowances continued until the end of the first month beginning after the earliest of the following:…The date on which the member is discharged, separated, or retired (including temporary disability retirement) from the uniformed services.” 
 
     c.  On 8 December 2014, Petitioner arrived to  for duty.  Furthermore, special duty assignment pay (SDAP) began at pay level SD-2 ($150). 
 
     d.  On 26 July 2018, Commander,  Communications Agency authorized SDAP pay level SD-3 ($225) effective 22 December 2017. 
     e.  Petitioner was on terminal leave from 5 October 2018 to 3 December 2018 (60 days). 
 
     f.  On 3 December 2018, Petitioner was discharged upon completion of required active service.  Furthermore, special duty assignment pay (SDAP) stopped.  
 
     g.  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.  The Board concluded that 26 July 2018, Commander,  Communications Agency authorized SDAP pay level SD-3 ($225) effective 22 December 2017; however, due to admin oversight Petitioner was never credited with the difference. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner was entitled to SDAP while assigned as Equipment Maintenance Technician (NEC 14BH), onboard   (UIC ), effective 22 December 2017, at SDAP level SD-3 at the rate of $225.00 per month.   
 
Note: Defense Finance and Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back. 
                                                             
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.