From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD   
              
 
Ref:   (a) Title 10 U.S.C. §1552 
       (b) OPNAVINST 1160.6B 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) OCNO memo 7220 Ser N130/20U0494 of 2 Apr 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 retroactively paid Special Duty Assigment Pay (SDAP) for the period of 1 March 2017 to 30 September 2017. 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 28 July 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.  On 2 February 2017, Petitioner transferred from his unit, and arrived to the   on 1 March 2017. 
 
     c.  On 2 February 2017, Petitioner’s SDAP stopped. 
 
     d.  On 19 March 2018, Petitioner’s SDAP was started effective 1 October 2017. 
 
     e.  On 22 July 2019, Petitioner’s Commanding Officer  notified Director,  requesting that SDAP start effective 1 March 2017. 
 
     f.  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) and reference (b), the Board finds the existence of an injustice warranting the following corrective action.  The Board concluded that in order to be eligible to receive SDAP, Petitioner needed to be designated in writing by the CO as fully qualified and serving in a qualified special duty assignment; however, due to admin oversight Petitioner’s CO did not submit his letter in a timely manner.     
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner was entitled to SDAP while assigned as nt Supervisor –  onboard  from 1 March 2017 to 30 September 2017, at SDAP level SD-5 at the rate of $375.00 per month.  Note: The final payment will be determined by Defense Finance and Accounting Service. 
 
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.