Docket No. 7289-19  
Ref:  Signature Date  
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) Joint Travel Regulations 

Encl:(1) DD Form 149 w/attachments 
     (2) CNO memo 7220 Ser N130C1/19U1930 of 23 Oct 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 have Outside Continental United States (OCONUS) Cost of Living Allowance (COLA) corrected for two periods. OCONUS COLA “2”May 16, 2016 through September 15, 2017 and OCONUS COLA “3” from April 9, 2018 to January 9, 2019. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on March 27, 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 January 9, 2016, Petitioner is joined for duty with .  OCONUS COLA “9” started effective this date. 

c.  On May 16, 2016, Petitioner’s dependent spouse and child arrive in vicinity of Petitioner’s duty station homeport, 

d.  On August 6, 2018, Petitioner’s OCONUS COLA was changed from “9” to “2” effective September 16, 2017. 

e.  On April 9, 2018, Petitioner’s second dependent child was born in 

f.  On January 9, 2019, Petitioner is transferred to 

g.  Petitioner’s Master Military Pay Account reflects OCONUS COLA “3” was effective from August 1, 2018 through January 8, 2019. 

h.  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. The Board concluded the Petitioner entitled to OCONUS COLA pay adjustment. 

RECOMMENDATION 

That Petitioner’s naval record be corrected, where appropriate, to show that: 

Petitioner entitled to OCONUS COLA “2”from May 16, 2016 through April 8, 2018 and OCONUS COLA “3” from April 9, 2018 through January 8, 2019. 

Note:  Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay and allowances. 

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.