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 N130/20U0069 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). 
                                              
2.  The Board, consisting of   ,     ,   and   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.  On 25 August 2010, Petitioner completed Air Intercept Controller School and was awarded Navy Enlisted Classification (NEC) 0318. 
 
     b.  On 26 September 2016, Petitioner reported to USS    .
 
     c.  On 29 October 2016, USS   issued Petitioner NAVPERS 1070/613, Administrative Remarks certifying authorization to receive SDAP at the level of SD-1 for NEC 0318 effective the same date. 
 
     d.  On 6 July 2017, USS  issued Petitioner designation as a level 3 Air Intercept Controller. 
 
     e.  On 7 August 2017, USS  notified Personnel Support Detachment  that Petitioner was eligible for SDAP effective 29 October 2016. 

     f.  Petitioner’s Master Military Pay Account (MMPA) reflects that SDAP level SD-1 at the rate of $75 per month pay transaction was initiated on 11 May 2018 with an effective start date of 2 October 2017. 
 
     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.  Petitioner was eligible for SDAP entitlement while serving as Air Intercept Controller onboard USS  effective 29 October 2016.  However, Petitioner’s command failed to submit SDAP certification in a timely manner resulting in the SDAP entitlement not being processed from 29 October 2016 through 1 October 2017. 
                                
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner was entitled to SDAP while assigned as Air Intercept Controller (NEC: W16A/0318), onboard USS  (UIC:  ), during the period of 29 October 2016 to 1 October 2017, at SDAP level SD-1 at the rate of $75 per month.   
 
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.