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 
 (b) DoD 7000.14R FMR Vol. 7A, Ch. 67 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to show Petitioner was authorized and entitled to Overseas Cost of Living Allowance (COLA) based on dependent location while in transit from the USS  to , . 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 2 February 2021 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 8 March 1999, Petitioner entered active duty.  
 
     c.  On 8 January 2003, Petitioner got married.  
 
     d.  On 16 March 2009, Petitioner was advanced to E-6. 
 
     e.  On 2 August 2013, Petitioner was issued official modification to change duty orders (BUPERS order: 1233) with a PRD (projected rotation date) of March 2016. 
 
     f.  In accordance with reference (b), when a Service member is assigned to an unaccompanied tour or “unusually arduous sea duty” and a dependent remains at the Service member’s old PDS OCONUS or is at an approved designated place OCONUS, then the Service member is not considered to have a dependent at the unaccompanied or sea duty PDS.  The Service member is eligible for OCONUS COLA or TLA at the with-dependent rate for the dependent’s location.  
 
     g.  On 10 January 2014, Petitioner transferred from , . 
 
     h.  On 27 March 2014, Petitioner arrived to USS  (),  ,  for duty. 
 
     i.  On 7 July 2014, Petitioner certified via NAVPERS 10-70/602 that his spouse resided at ,  . 
 
     j.  On 14 January 2016, Petitioner was issued official change duty orders (BUPERS order: 0146) with an obligated service of August 2019. 
 
     k.  On 8 March 2016, Petitioner’s OCOLA stopped.  
 
     l.  On 9 March 2016, Petitioner transferred. 
 
     m.  On 28 July 2016, Petitioner arrived to  for temporary duty under instruction.  Furthermore, Petitioner’s OCOLA started. 
 
     n.  On 7 September 2017, Petitioner arrived to  , ,  for duty. 
 
     o.  On 6 May 2019, Commander, ,  notified Commander, Navy Personnel Command (N130) of Petitioner’s continuation of station and housing allowances recommending approval.    
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the contents of reference (b), the Board finds the existence of an injustice warranting the following corrective action.  The Board concluded that Petitioner was receiving OCOLA at the dependent location (HI009) while stationed in . He should have continued to receive OCOLA at the dependent location (HI009) from the date of detachment from  to the date prior to reporting to his ultimate duty station in .  Furthermore, the Board concluded that Petitioner did not receive OCOLA for ,  while stationed there.  
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner submitted a request for continuation of station allowances at the dependent location and it was approved by cognizant authority prior to his departure from . 
 
Petitioner was authorized OCOLA with one dependent for HI009 from 9 March 2016 to 27 July 2016. 
 
Petitioner was authorized OCOLA with zero dependents living in the barracks for JP061 from 27 March 2014 to 8 March 2016. 
 
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 a 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.