Docket No. 5687-19
Ref:   Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD ICO FORMER MEMBER , USN, XXX-XX  
 
Ref:  (a) Title 10 U.S.C. § 1552 
      (b) OPNAVINST 1160.6C 
      (c) SDAP Levels Chart 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) OCNO memo 5400 Ser N133D/021 of 22 Jan 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 establish entitlement to retroactive Special Duty Assignment Pay (SDAP) from 7 May 2018 through 30 September 2018. 
                                              
2.  The Board, consisting of  , reviewed Petitioner’s allegations of error and injustice on 24 September 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.  In accordance with reference (b), personnel assigned to and working in a billet identified as a special duty assignment on the most recent SDAP eligibility list.  Members in excess of the command's authorized special duty assignment billets, as listed in the Billet Based Distribution system, are not normally eligible to receive SDAP.  However, reference (c), stipulates Nuclear Sailors that hold the applicable Navy Enlisted Classification (NEC) codes may be eligible for SDAP in excess of billets authorized when assigned to engineering or reactor departments on nuclear powered warships, repair department of a nuclear-repair capable submarine tender, staff at a nuclear pipeline training activity, or assigned to a Department of Energy Naval Reactors facility. 
 
     b.  Petitioner awarded the Submarine Nuclear Propulsion Plant Operator – Mechanical (3355/N15O) Navy Enlisted Classification code on 1 May 2015. 
 
     c.  Petitioner’s Master Military Pay Account (MMPA) indicates he received SDAP level SD-2 from 13 August 2017 through 11 January 2018 while assigned to. 
 
     d.  On 24 January 2018, Petitioner reported to  for temporary duty.   
 
     e.  Petitioner was issued NAVPERS 1320/16, Temporary Additional Duty (TEMADD) Travel Orders – “No Cost” to effective 7 May 2018 for 60 days. 
 
     f.  On 28 August 2018, Petitioner reported back to  for duty. 
 
     g.  On 16 May 2019, notified Personnel Support Detachment Guam that Petitioner was eligible for SDAP effective 1 October 2018. 
 
     h.  Petitioner’s MMPA reflects that SDAP level SD-2 at the rate of $150 per month pay transaction was initiated on 21 May 2019 with an effective start date of 1 October 2018 and stop date of 2 August 2019. 
 
     i.  Petitioner was discharged on 23 September 2019. 
 
     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 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 eligibility criteria of references (b) and (c); therefore, 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 SDAP while assigned as   during the period of 7 May 2018 to 30 September 2018, at SDAP level SD-2 at the rate of $150.00 per month.  Note:  Defense Finance and Accounting Service will complete an audit of Petitioner’s pay records to determine Petitioner’s 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.