DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2480
BAN
Docket No.NROO461-14
23 July 2014
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
Subj:
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Chief of Naval Personnel (CNP) memo 7220 Ser N130 of
25 Jun 2014
(3) Email from SE =. 5 Ms.
BCNR of 23 dul 2014
1. Pursuant to the provisions of reference (a) Petitioner filed
enclosure (1) with this Board requesting, in effect, that the
applicable naval record be corrected to show that he is
authorized to be paid dive pay for having designator 113X (SEAL
Officer), at the rate of $240.00 per month vice $150.00 per
month from 13 January 2003 through 24 August 2012.
2. The Board, consisting of Messrs. Zsalman, Exnicios and
Ruskin reviewed Petitioner’s allegations of error and injustice
on 21 July 2014 and, pursuant to its regulations, determined
that the partial corrective action indicated below should be
taken on the available evidence of record. Documentary material
considered by the Board consisted of the enclosures, 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 enclosures (2) and (3),
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.
Docket No.NRO0461-14
CONCLUSION
especially in light of the contents of enclosures (2) and (3),
the Board finds Lhe existence Of an injustice warranting the
following corrective action.
RECOMMENDATION :
That Petitioner’s naval record be corrected, where appropriate,
as follows:
a. Petitioner is entitled to receive retroactive dive pay
for the designation of 113X (SEAL Officer) from 13 January 2003
through 24 August 2012, at the rate of $240.00 per month vice
$150.00 which he was already receiving.
Note: DFAS will conduct an audit of your pay record for any
pack pay you are entitled to, due to the aforementioned
correction to your record.
b. A copy of this Report of Proceedings will be filed in
Petitioner’s naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c)) 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 ‘
ROBERT D. ZSALMAN DAV . CASH
Recorder Acting Recorder
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.
23 July 2014 TN ee SD a
ROBERT D. ZSALMAN
Acting Executive Director
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