RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04231 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be paid the difference between partial and full rate Cost of Living Allowance (COLA) for the period 17 January 2008 to 23 October 2009. APPLICANT CONTENDS THAT: While stationed in Italy, he was assigned to quarters but not on a meal card due to shift work as a Security Forces member. His meal deductions were stopped; however, his COLA was never adjusted to the full rate. In April 2014, the Aviano Comptroller Squadron (CPTS) notified him and other affected members that their COLA was incorrectly calculated. Therefore he contacted the Andrews CPTS for assistance in filing his claim. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 17 July 2007, the applicant entered the Regular Air Force. On 23 October 2009, the applicant received a general (under honorable conditions) discharge, and was credited with two years, three months, and seven days of active service. The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C. AIR FORCE EVALUATION: USAF/A1PA recommends denial, indicating the applicant’s submission for correction was not accomplished in a timely manner. The applicant has not provided justification as to why the request for correction was delayed six years from the initial error. In January 2008, the applicant was assigned to the Security Forces Squadron, Aviano AB, Italy. Due to mission requirements he was approved to receive full rate Basic Allowance for Subsistence (BAS) effective 17 January 2008. His Master Military Pay Account (MMPA) was updated in February 2008 to reflect the cancellation of the meal deduction and he began to receive full rate BAS. The MMPA was also updated to reflect the applicant’s eligibility to receive COLA while authorized BAS. His entitlement was started at the 47 percent rate based on JFTR, paragraph U9115-A1. However, JFTR paragraph U9115-A2 states: “A member who has Government quarters available but who does not have a Government dining facility/mess available for 3 meals a day at the PDS is authorized COLA at the rate specified in Appendix J for a member with 0 dependents.” The applicant’s pay was calculated incorrectly in accordance with JFTR, paragraph U9115. The applicant should have had the Master Military Pay Account (MMPA) entry processed with “0” as the number of dependents, instead of “9,” and received the full rate of COLA versus the 47 percent paid from 17 January 2008 to 23 October 2009. A complete copy of the USAF/A1PA evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 14 December 2015 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of applicant’s request and the available evidence of record, we find the application untimely. The applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552, Correction of military records: claims incident thereto, and AFI 36-2603, Air Force Board for Correction of Military Records. While the Board has an abiding obligation to correct an error when it finds one in the record, it is our opinion that the applicant has not shown a plausible reason for the delay in filing. Although the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago. Should the applicant provide official documentation to substantiate that he was not notified until April 2014 that his COLA was incorrectly calculated, we would be willing to reconsider his request. In the absence of such evidence, we cannot conclude it would be in the interest of justice to excuse the applicant’s failure to file in a timely manner. THE BOARD DETERMINES THAT: The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely. The following members of the Board considered AFBCMR Docket Number BC-2014-04231 in Executive Session on 21 January 2016, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 28 September 2014, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, USAF/A1PA, dated 9 December 2015, w/atchs. Exhibit D. Letter, AFBCMR, dated 14 December 2015.