Docket No 1178-21 


From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF   
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) Joint Travel Regulations 
 
Encl:  (1) DD Form 149 w/attachments 
       (2) CNP memo 7220 Ser N130C1/21U0458 of 7 Apr 21 
       (3) 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 eligible for and received Overseas Cost of Living Allowance (OCOLA) with one dependent effective 6 June 2016, and OCOLA with two dependents effective 26 January 2017. 
                                              
2.  The Board, consisting of  and  reviewed Petitioner’s allegations of error and injustice on 24 June 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 25 September 2014, Petitioner was issued official modification to change duty orders (BUPERS order: 1844).  Furthermore, Petitioner was directed to an ultimate activity for duty at  
 
     c.  On 30 March 2015, Petitioner transferred, and arrived to ,  for duty. 
 
     d.  On 29 June 2016, Petitioner got married. 
 
     e.  In accordance with reference (b) [November 2016], a member with dependent(s) is authorized OCONUS (Outside Continental United States) COLA based on the number of command sponsored dependent(s) at the PDS vicinity. 
 
     f.  On 16 December 2016, Petitioner’s OHA at the with-dependent rate was started.  
 
     g.  On 26 January 2017, Petitioner’s child was born. 
 
     h.  On 2 November 2017, COMNAVPERSCOM notified Petitioner’s command that “…member is eligible in all other respects advance travel of dependent and station allowances based on dependent location is authorized effective date member detaches current permanent duty station or date dependent arrives in the vicinity of member’s new permanent duty station  whichever occurs later, and continues until member reports onboard new permanent duty station  
 
     i.  On 28 February 2018, Petitioner’s OHA at the with-dependent rate was stopped. 
 
     j.  On 1 March 2018, Itinerary/Invoice No. 0352825  was issued for both of his dependents.  Furthermore, Petitioner transferred to USS Preble (DDG-88). 
 
     k.  On 14 March 2018, Petitioner certified NAVPERS 1070/602 (Dependency Application/Record of Emergency Data), listing Petitioner’s spouse and child were recognized as command sponsored.  Spouse was recognized as command sponsored effective 10 November 2016 and Child was recognized as command sponsored effective 26 January 2017. 
 
     l.  On 29 May 2018, Petitioner was credited with OCOLA at the  rate from 1 March 2018 to 31 March 2018.  
 
     m.  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 partial 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 partial corrective action.  The Board concluded that Petitioner’s spouse was recognized as command sponsored effective 10 November 2016 and Petitioner’s child was recognized as command sponsored effective 26 January 2017 (date of birth).  Command failed to pay Petitioner Overseas COLA based on his number of dependents while in  
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner was authorized Overseas COLA with one dependent for the   rate from 10 November 2016 to 25 January 2017. 
 
Petitioner was authorized Overseas COLA with two dependents for the   rate from 26 January 2017 to 28 February 2018. 
 
That part of the Petitioner's request for corrective action that exceeds the foregoing is denied.  Petitioner’s spouse did not become command sponsored until 10 November 2016. 
                                                             
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. 
 
 

7/28/2021
Deputy Director