BOARD DATE: 28 February 2017 DOCKET NUMBER: AR20150015308 BOARD VOTE: _____X____ ___X____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 28 February 2017 DOCKET NUMBER: AR20150015308 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DA Form(s) 31 for the period 13 March 2012 through 30 November 2012 to show his transition leave address as the Hawaii address shown in his application to the Board and authorizing payment of the associated cost of living allowance at the Hawaii rate. _____________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 28 February 2017 DOCKET NUMBER: AR20150015308 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests remission of the debt for overpayment of the cost of living allowance (COLA) in the amount of $10,550.73. 2. The applicant states he incurred an erroneous debt for overpayment of COLA for the periods 13-15 March 2012, 16 March-31 August 2012, 1-30 September 2012, 1-31 October 2012, and 1-30 November 2012. His DA Form 31 (Request and Authority for Leave) stated his transition leave address was Paducah, Kentucky, but he remained at his current location in Hawaii for the entire duration of his transiton leave from 23 August through 30 November 2012. He informed his command and the servicing pay center of his intention to remain in Hawaii. 3. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * pay data worksheet * email * letter from his commander, dated 9 April 2013 CONSIDERATION OF EVIDENCE: 1. Having prior active service in the Regular Army, the applicant enlisted in the U.S. Army Reserve on 28 April 1994. 2. He was ordered to active duty as a member of the U.S. Army Reserve in an Active Guard Reserve status on 6 February 1997. He was promoted to the rank/grade of master sergeant/E-8 effective 1 May 2006. 3. He retired on 30 November 2012. His records show he was stationed in Hawaii from approximately August 2008 until he retired on 30 November 2012. 4. His DA Form(s) 31 is/are not available for review. 5. His DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) shows his current address as XX-XXXX M____ Street, Kapolei, Hawaii. 6. He provided a letter from his commander, dated 9 April 2013, wherein his commander stated the applicant applied for and was granted transition leave for the period 23 August through 30 November 2012. The leave address shown on his DA Form 31 was an address in Kentucky. However, the applicant, his spouse, and their three children remained in Hawaii for the duration of his transition leave and he is currently residing in the same location. The applicant stated he had informed the Schofield Barracks Pay Center of his intention to remain at his current location in Hawaii. The applicant discovered he had a debt with the government in January 2013 for supposed overpayment of COLA incurred during his transition leave period. The Schofield Barracks Pay Center informed the applicant that his current debt is an error that can be fixed. 7. He provided a Defense Finance and Accounting Service Case Management System report printout, dated 9 October 2013, stating "SM [service member] is in V status. Sm separated 11/30/12 [30 November 2012]. Sm cola was not supposed to be collected it was supposed to change from 5 to 4. Please credit back cola effective date 120313 [13 March 2012] and number of dependents 4. Thank you." This report printout also shows debt validation was completed on 22 December 2012 and the case was closed on 27 December 2013. 8. In the processing of this case, an advisory opinion was obtained from the Chief, Compensation and Entitlements Division, Department of the Army Office of the Deputy Chief of Staff, G-1. The advisory official stated: a. After a careful review of the documents provided, the G-1 Compensation and Entitlements Division recommends disapproval of the applicant's request to cancel the COLA debt. Because of his rank and experience in the Army, he either knew or should have known the proper procedures for correcting a command-approved leave form if his intention were to remain in Hawaii during his transition leave. Because he failed to properly submit a correction to his transition leave address on the leave form, the government could not have known that he and his dependents remained on the island. b. Joint Travel Regulations (Uniformed Service Members and Department of Defense Civilian Employees), chapter 9, paragraph 9130-A, requires a Soldier's COLA to be reduced when the member and dependents are on leave away from the permanent duty station. Because the applicant's command-approved leave form specified his leave address as Kentucky, it is reasonable and proper for the finance office to reduce the COLA by the number of dependents that did not remain on island. 9. A copy of the advisory opinion was forwarded to the applicant for comment and/or rebuttal. He did not respond. REFERENCES: 1. Joint Travel Regulations, chapter 9, paragraph 9130-A (COLA for a Member with Dependent), states a member with dependents is authorized outside the continental United States (OCONUS) COLA based on the number of command-sponsored dependents at the permanent duty station regardless of government dining facility/mess availability (including aboard ship), except when a member is on leave away from the OCONUS permanent duty station for more than 30 days and is accompanied by all command-sponsored dependents. 2. Army Regulation 600-8-10 (Leave and Passes), paragraph 4-21 (Rules Used to Request Transition Leave) states transition leave (formerly called terminal leave) is chargeable leave granted together with transition from the service, including retirement. The unit commander or designee is the approval authority for transition leave requests. Soldiers stationed in the continental United States or OCONUS will complete processing at an authorized and directed transition activity before beginning leave. As an exception, Soldiers retiring and requesting a location of personal choice transition point will complete processing at a designated U.S. Army Transition Point prior to departing on leave. There is no regulatory guidance relating to changes in leave locations after the leave request is approved. DISCUSSION: 1. The applicant requests remission of the debt for overpayment of COLA in the amount of $10,550.73. 2. He requested transition leave beginning 23 August 2012 in conjunction with his retirement on 30 November 2012 with a transition leave address in Kentucky. 3. He contends he subsequently informed the Schofield Barracks Pay Center of his intention to remain at his current location in Hawaii during his transition leave and he is currently residing in the same location. 4. His commander provided a letter stating the applicant had command-approved leave for the period 23 August through 30 November 2012 with a transition leave address in Kentucky, but he remained in Hawaii with his dependents during this period. 5. He provided a Defense Finance and Accounting Service Case Management System report printout, dated 9 October 2013, stating his COLA was not supposed to be collected; the number of dependents was supposed to change from 5 to 4. The finance specialist requested credit for back COLA effective 13 March 2013 and correction of the number of dependents to show 4. 6. Notwithstanding the G-1 Compensation and Entitlements Division recommendation to deny the applicant's request to cancel the COLA debt because he failed to properly submit a correction to his transition leave address on the leave form, the governing regulation does not prescribe guidance for changing leave locations after the leave request is approved. 7. The preponderance of evidence shows he remained in Hawaii with his dependents during his approved transition leave period and he is authorized COLA at the Hawaii rate. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015308 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015308 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2