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) CNP memo 7220 Ser N130C4/20U0062 of 21 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 show Petitioner was authorized payment of Hardship Duty Pay-Tempo (HDT-T) from 24 March 2018 to 16 May 2018.   
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 16 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.  In accordance with DoD 7000.14-R Financial Management Regulation, Volume 7A, Chapter 17 (Special Pay-Harship Duty) HDP-T is desinged to recognize extended or excessive amounts of time outside of a Service member’s permanent duty station (PDS).  Received approval to pay Service members HDP-T at a monthy rate for Sailors and Marines deployed beyond the 220th day of a consecutive operational deployment.  Sailors and Marines will receive prorated HDT-T base on the number of days in the month that they are eligible.   
 
     c.  Petitioner’s evaluation report & counseling record for period of 27 January 2017 to 15 March 2018 listed a deployment period of 16 August 2017 to 15 March 2018. 
 
     d.  On 9 March 2018, Commanding Officer,  notified Commander,  of approval to exceed perstempo threshold in case of   Van Operational Detachment.  Attached was a list assigned service members who will exceed 220 day PERSTEMPO high deployment threshold with 261 to 277 accured deployment days as of 20 May 2018.  Furthermore,   deployed 16 August 2017 with an anticipated return date of 24 March 2018.   was subsequently requested to support deployed reserve component expeditionary detachment for an additional 60 days.  Note: 4 other members who would have completed 277 days on 20 May 2018 retroactively received HDP-T for the period of 24 March 2018 to 15 May 2018. 
 
     e.  Petitioner’s evaluation report & counseling record for period of 16 March 2018 to 5 August 2018 listed a deployment period of 16 March 2018 to 13 May 2018.   
 
     f.  On 20 June 2018, Commander,  notified Commander, Navy Personnel Command (PERS 34) approval to exceed perstempo threshold in case of   Van Operational Detachment. 
 
     g.  On 22 June 2018, Petitioner began terminal leave.  
 
     h.  On 5 August 2018, Petitioner was released from active duty and transferred to the Navy Reserve.    
 
     i.  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 due to the proximity between Petitioner’s return from deployment, Navy Personnel Command’s approval, and terminal leave, Petitioner never received HDP-T payment.   
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner was authorized HDP-T from 24 March 2018 to 15 May 2018.  
 
Note: Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay. 
 
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.