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

Docket No. 3404-19 
Ref: Signature Date

From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy

Subj:

Ref:	(a) Title 10 U.S.C. §1552

Encl:	(1) DD Form 149 w/attachments
        (2) OCNO memo 7220 Ser N137/26 dtd 22 Apr 19
        (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 receive entitlement to Special Warfare Officer Diving Pay.

2. The Board, consisting of	reviewed Petitioner’s allegations of error and injustice on 19 July 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 attended SEAL Qualification Training and graduated on 7 February 2014.  Petitioner received designation letter for 1130 designator with commence date of
7 February 2014.  Petitioner erroneously received Student Diving Pay at the monthly rate of
$150 from 7 February 2014 to 15 September 2017. Per the Department of Defense Financial Management Regulation, Petitioner should have received the monthly Diving Pay amount of $240 for Special Warfare Officer (designator 1130), vice Diving Pay amount of $150 for Student Status Special Warfare Officer.

RECOMMENDATION

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

Petitioner was entitled to Special Warfare Officer Diving Pay while assigned as Special Warfare Officer (Designator 1130) upon completion of SEAL Qualification Training from 7 February 2014 until stop date of 15 September 2017 at the rate of $240.00 per month. The final payment will be determined by Defense Finance and Accounting Services.

Note:  Petitioner’s Special Warfare Officer Student Diving Pay was discontinued on 15 September 2017, and Special Warfare Officer Diving Pay was adjusted on 16 September 2017 at the rate of $240 per month.

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.