IN THE CASE OF: BOARD DATE: 13 February 2020 DOCKET NUMBER: AR20180006459 APPLICANT REQUESTS: * correction of his military pay records to reflect that his leave taken prior to retirement was in country rather than out of the country; the later resulted in a loss of entitlement to Cost of Living Allowances (COLA) and Overseas Housing Allowance (OHA) totaling $3636.05 * correction of his Social Security Number (SSN) on his processed DA Form 31 (Request and Authority for Leave) * correction of the Control Number on his processed DA Form 31 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Order# 008-0002 dated 8 January 2016 * DA Form 31 dated 15 January 2016 * Defense Finance and Accounting Service letter dated 6 November 2017 * Memorandum for Record (MFR) USAG-Humphreys Installation Out-processing Procedures * DA Form 137-2 (Installation Clearance Record) * DA Form 137-1 (Unit Clearance Record) * DD Form 2367(Individual Overseas Housing Allowance) * Rent Receipt * Travel Itinerary * DD Form 1351-2 (Travel Voucher) FACTS: 1. The applicant states that his terminal leave taken prior to his retirement and departure from Korea was incorrectly posted to his military pay account. Currently his pay records reflect that this leave was taken within the Continental United States (CONUS) rather than Outside the Continental United States (OCONUS). This action has caused a loss of entitlement to COLA OHA resulting in recoupment of $3,636.05, an in service debt. He contends that he remained in country while on terminal leave and the loss of entitlement to OHA and COLA was processed in error. He also states that his SSN is incorrect as reflected on his leave form due to human error and therefore needs to be corrected. He further contends that the control number on his leave form does not match the authorization number reflected in his pay account. This too was due to human error in the processing of his submitted approved leave. 2. A review of the applicant’s available service records reflects the following on: * 21 June 1989 – he enlisted in the U.S. Army Reserve and was subsequently ordered to active duty on 19 September 1989 * 20 December 1999 (Order# 354-0544) – he was released from active duty on 13 January 2000 to accept an appointment as a warrant officer; returned to active duty on 14 January 2000 as a warrant officer (Order# 354-01015-A-915) * 8 January 2016 (Order# 008-0002)– he was released from active duty on 30 April 2016 and placed on the retired list effective 1 May 2016 3. The applicant provides a. Order# 008-0002 dated 8 January 2016 – reflective of his retirement from military service on 30 April 2016; location of assignment was Camp Humphreys, Korea. b. DA Form 31, dated 15 January 2016 – reflective of Control Number GX16-096 authorizing leave to be taken between 15 January 2016 and 30 April 2016; leave address reflects an APO address indicative of leave to be taken OCONUS (Korea in country), however as noted by DFAS the SSN is incorrect. c. Defense Finance and Accounting Service letter dated 6 November 2017 – reflective of their review of his military pay records which revealed that his leave was posted to his military pay records as “CONUS” or rather “AREA 1” therefore resulting in recoupment in his COLA and OHA. They further provided documentation indicative that the SSN was incorrect on the DA 31, the leave address had been changed from request to approval and the control number did not match the authorization number KR99998 and KR99999. d. DA Form 137-2 (Installation Clearance Record) reflective of his clearance through the finance office on 19 April 2016 e. DA Form 137-1 (Unit Clearance Record) dated 21 April 2016 – reflective of 14 February through 30 April 2016 transition leave dates and a log number of GX16- 096. f. DD Form 2367 (Individual Overseas Housing Allowance) – reflective of his request to terminate OHA effective 30 April 2016. g. Rent Receipt – reflective of a rent payment being made on 6 April 2016 h. Travel Itinerary – reflective of flight plans for the applicant and his family members to depart Korea on 19 June 2016 for the United States. i. DD Form 1351-2 (Travel Voucher) dated 25 July 2016 – reflective of travel dates that are consistent with the provided travel itinerary. 4. The applicant did not provide nor does review of his official military records reflect the processed DA Form 31 referenced in the letter provided DFAS. 5. See all applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: After reviewing the application and all supporting documents, applicable regulations, and the facts above, the Board found that relief is warranted. The applicant’s records should be corrected to show: a. Correction of his military pay records to show that his leave taken 15 January 2016 and 30 April 2016 prior to retirement on 30 April 2016 was taken in country (Korea) rather than out of the country. b. Paying him Cost of Living Allowances (COLA) and Overseas Housing Allowance (OHA) totaling $3636.05 for leave period taken 15 January 2016 and 30 April 2016 in country (Korea). c. Correction of his DA Form 31,, dated 15 January 2016, to show his Social Security Number (SSN) consistent with the SSN shown on his DD Form 214. d. Correction of his DA Form 31, dated 15 January 2016, to show the Control Number matchs the authorization number KR99998 and KR99999. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 showing that a. Correction of his military pay records to show that his leave taken 15 January 2016 and 30 April 2016 prior to retirement on 30 April 2016 was taken in country (Korea) rather than out of the country. b. Paying him Cost of Living Allowances (COLA) and Overseas Housing Allowance (OHA) totaling $3636.05 for leave period taken 15 January 2016 and 30 April 2016 in country (Korea). c. Correction of his DA Form 31,, dated 15 January 2016, to show his Social Security Number (SSN) consistent with the SSN shown on his DD Form 214. d. Correction of his DA Form 31, dated 15 January 2016, to show the Control Number matchs the authorization number KR99998 and KR99999. 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. REFERENCES: 1. Army Regulation (AR) 600-8-10 Leave and Passes, This regulation prescribes the policies and mandated operating tasks for the leave and pass function of the Military Personnel System. It provides a single-source operating document to the field, and as such, is binding on all communities involved in granting leaves and passes. Transition leave (formerly called terminal leave) is a 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 CONUS (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. 2. Joint Travel Regulation dated 1 November 2014 states that COLA is authorized to assist a member in maintaining the purchasing power of the discretionary portion of spendable income while assigned to an OCONUS Permanent Duty Station (PDS). COLA is derived by comparing the OCONUS cost-of-living with the CONUS cost-of- living. Currently, a COLA is only reduced if the member and/or all dependents(s) return to CONUS for more than 30 days. This decision allows a reduction in COLA regardless of the member or dependent(s) alternate location. COLA generally starts on the day a member reports to a new PDS and stops the day before the member departs in compliance with a Permanent Change of Station (PCS) order. If a member without dependents takes leave away from the OCONUS PDS, COLA continues for the first 30 days and stops on day 31. If COLA is stopped, it starts again the day the member returns to the PDS from leave. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180006459 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1