DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 420-18 
JUL 10 2019 

From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Ref:  (a) Title 10 U.S.C. §1552 

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 this Board requesting, in effect, that the applicable naval record be corrected to audit Petitioner's Overseas Cost-of-Living Allowance (COLA) due to Pay Entry Base Date adjustment for the period of 6 July 2011 to 4 March 2014. 

2. The Board, consisting of Mr.   , Ms.   , and Mr.  , reviewed Petitioner's allegations of error and injustice on 22 February 2019 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 the 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 6 July 2011, Petitioner arrived to   and was assigned to the USS  (AS ), and transferred on 7 March 2014. 

c. On 20 November 2017, Petitioner's retirement request was approved with an effective date of 28 February 2018. Furthermore, both his Pay Entry Base Date (26 June 1990 vice 27 February 1995) and Active Duty Service Date (18 November 1994 vice 27 February 1995), were adjusted. 

d. 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 that while Petitioner was stationed in     , if he received Overseas COLA, due his subsequent PEBD/ADSD adjustments, Overseas COLA may have been incorrectly calculated. 

RECOMMENDATION 

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

Petitioner's previous entitlement to Overseas COLA while stationed in    requires review, based on new adjusted dates (PEBD/ADSD). Note: Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner's records to determine if Petitioner is due any back pay. 

A copy of this Report of Proceedings will be filed in Petitioner's naval record. 

4. 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. 

Executive Director