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. 68 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) CNP memo 7220 Ser N130C1/20U0064 of 22 Jan 20 
        (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 show Petitioner was approved to receive overseas housing allowance (OHA) and cost of living allowance (COLA) through Petitioner’s end of active obligated service. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 18 August 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 20 February 2013, Petitioner arrived to  for duty. 
 
     c.  In accordance with reference (b), Unless otherwise authorized or approved, a Service member’s housing allowance is based on the PDS.  If authorized or approved through the Secretarial Process, a Service member may be authorized a housing allowance based on the location at which a dependent maintains a permanent residence or the old PDS.  Situations that are routinely authorized or approved at a lower level than the Service Secretary are listed in subparagraph 261002.B.  An example of advance travel is the member’s family travels ahead to get settled before school starts.  An example of delayed travel is the family remains at the old PDS until the school year ends.  Furthermore, the OCONUS COLA or TLA payment for the dependent’s location begins on the day he or she arrives at that location. 
 
     d.  On 2 January 2018, Petitioner was issued Official Fleet Reserve Orders (BUPERS order: 0028).  
 
     e.  On 3 January 2018, COMNAVPERSCOM, Millington, TN notified ,  that delayed travel and continuation of station allowances is authorized… on behalf of subject name member’s dependents continuing to reside at vicinity of member’s current PDS location ().  Provided member is eligible in all other respects, this authorization is effective the date member detaches current PDS location () and continues until 31 March 2018 or until dependents depart the area, whichever occurs first. 
 
     f.  On 9 January 2018, Petitioner departed duty station. 
 
     g.  On 10 January 2018, Petitioner arrived to , for temporary duty pending separation.   
 
     h.  On 2 March 2018, Commanding Officer, ,  notified Personnel Support Detachment, ,  that  checked onboard Transient Personnel Unit Naval Air Station from Naval Command , for separation processing on 10 January 2018.    family remained in for the duration of his time stateside.  After completion of his separation processing,  returned to  where he will remain until his end of active obligated service.  Due to his family remaining in  for the duration of his processing time and up to his EAOS,  is entitled to OHA until his active duty service time has ended. 
 
     i.  On 31 March 2018, Petitioner transferred to the Fleet Reserve upon obtaining sufficient service for retirement. 
 
     j.  On 28 November 2018, Petitioner was notified by the Defense Finance and Accounting Service (DFAS) of debt due to overpayment of COLA and OHA for the period of 24 February 2018 to 31 March 2018 in the amount of $6,595.09. 
 
     k.  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 Petitioner’s request for delayed travel and continuation of station allowances (OHA and COLA) was authorize on behalf of his dependents continuing to reside at vicinity of member’s current PDS location ().  Therefore, no debt should have been created by DFAS. 
 
 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner was entitled to OHA and COLA at the dependent location  from Petitioner’s date of departure from  January 2018 to 31 March 2018 or dependents’ departure from .   
 
Note: Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay based on the location of Petitioner’s dependents. 
                                                             
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.