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) CNO memo 7220 Ser N130/19U0424 of 7 Mar 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 Special Duty Assignment Pay (SDAP). 
 
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 9 August 2019 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 Petitions naval records, 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. 
 
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 assigned as  Communications Agency onboard  Communications Agency.  However, Petitioner’s command failed to submit SDAP certification in a timely manner resulting in the SDAP entitlement not being received for the period of 4 August 2017 through 3 August 2018.  However, per Petitioner’s Master Military Pay Account (MMPA), it reflects that he began receiving SDAP at level SD-2 from 27 April 2016 through 3 August 2018 when his SDAP was stopped.  On 4 August 2018, Petitioner’s SDAP was restarted at the SD-3 level.  The Board concurred with the advisory opinion that Petitioner receive the difference between the SD-2 level and the SD-3 level from 4 August 2017 through 3 August 2018. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner was entitled to SDAP while assigned as Communications Agency (NEC: ), onboard  during the period of 4 August 2017 through 3 August 2018, Petitioner was entitled to retroactive SDAP SD-3 at the rate of $225.00 per month vs SD-2 rate of $150.00 [credit difference of $75.00 per month].  Defense Finance and Accounting Service will complete an audit of Petitioner’s pay 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.