DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 5718-19 Ref: Signature Date 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 (c) DODFMR, Vol 7A, Chp 11 Encl: (1) DD Form 149 w/attachments (2) OCNO memo 7220 Ser N137/35 of 6 Nov 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 establish entitlement to retroactive Dive Pay from 20 October 2014 through 16 May 2018. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 17 January 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. 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. c. Petitioner was appointed in the U.S. Navy on 28 May 2014 as a student in training for Special Warfare qualifications (1180 designator). d. Petitioner was assigned to (UIC: ) for duty under instruction from 23 June 2014 through 7 December 2015. e. Petitioner received Diving Duty Pay as a Special Warfare Officer – Student (1180 designator) at the rate of $150 per month from 20 October 2014 through 16 May 2018. f. Petitioner converted from Special Warfare Officer – Student (1180 designator) to Special Warfare Officer (1130 designator) on 20 November 2015. g. Petitioner was assigned to (UIC: ) from 14 December 2015 through 3 November 2017. h. Petitioner was assigned to (UIC: ) on 4 December 2017. 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. In accordance with references (b) and (c), Petitioner met the criteria to receive the Diving Duty Pay at the rate of $240 per month upon assignment of being a Special Warfare Officer (1130 designator) on 20 November 2015. However, Petitioner’s Master Military Pay Account reflects he did not receive the increased monthly incentive until 17 May 2018. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner was qualified for Special Warfare Officer and entitled to Diving Duty Pay at the rate of $240.00 per month vice $150.00 for the period of 20 November 2015 through 16 May 2018. Note: Defense Finance and Accounting Services (DFAS) will determine the final payment. 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. 4/16/2020