MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            12 December 2000                  
	DOCKET NUMBER:   AR2000037570

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Harry B. Oberg		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That he receive housing allowance (OHA) and cost of living allowance (COLA) for the time he was stationed in Korea.  In support of his request the applicant submits copies of his reassignment orders, his OHA Report, and an agreement concerning rental property in the Dominican Republic. 

APPLICANT STATES:  That while stationed in Korea his family resided in the Dominican Republic, that he turned in the necessary OHA and COLA paperwork prior to leaving Korea, but has not yet received back pay.  

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted in the Regular Army on 20 January 1995, for a period of   3 years.  He was assigned to Fort Jackson, South Carolina, completed a 1 year tour in Korea, and is currently assigned to Fort Leonard Wood, Missouri.   

On 16 January 1998 the applicant purchased rental property for his family in the Dominican Republic.  

On 23 April 1998 he was reassigned to Korea, where he completed a 1 year tour. He reported to Fort Leonard Wood, Missouri on 20 July 1999.  

In the processing of this case an advisory opinion was obtained from the Defense Finance and Accounting Service (DFAS), Indianapolis Center which 
recommends that the applicant’s claim be disapproved due to lack of proper documentation, and it not meeting the provisions of the Joint Travel Regulation.   The opinion further states that the applicant provided no orders nor an approved secretarial waiver indicating he was authorized to relocate his family to the Dominican Republic when he was reassigned to Korea.  It also appears from the date of his rental property agreement the family was residing in the Dominican Republic when he received his permanent change of station (PCS) orders to Korea.  The applicant was provided a copy of the opinion and did not respond.

The Joint Federal Travel regulation provides, in pertinent part, that upon reassignment from a dependent restricted or unaccompanied tour to another dependent restricted or unaccompanied tour, where dependents do not move, the member continues to be entitled to station allowance in the same manner as if the member were present there for duty.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  There is no evidence in the applicant’s records, nor did he provide documentation to show he was authorized to relocate his family to the Dominican Republic prior to his assignment to Korea, in fact, it appears the applicant’s family was already residing there before he received PCS orders. 

2.  There are no provisions in the Joint Travel Regulation that authorizes the applicant entitlement to OHA and COLA, for the time he was assigned to Korea.
The Dominican Republic is not a recognized territory under the Joint Travel Regulation, and the applicant did not have secretarial approval authorizing him to move his family to that location.  The applicant was entitled to BAH based on his previous duty station.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__fne____  ___lem__  ___hbo__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000037510	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001212	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  128.00		
2.		
3.		
4.		
5.		
6.