RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 September 2005
DOCKET NUMBER: AR20040011033
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Ms. Shirley L. Powell | |Chairperson |
| |Mr. Robert L. Duecaster | |Member |
| |Ms. Jeanette R. McCants | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, allocation of a higher Overseas
Housing Allowance (OHA) and Cost of Living Allowance (COLA).
2. The applicant states, in effect, he should be authorized OHA and COLA
at the “Munster Hessen (H)”, effective the date he arrived in the area.
His request for the higher COLA rate is based on the lack of community
services in the area.
3. The applicant provides an OHA Report (DA Form 2367) in support of his
application.
CONSIDERATION OF EVIDENCE:
1. The applicant’s record shows he is currently serving on active duty in
Europe, in the rank of captain.
2. In connection with the processing of this case, an advisory opinion was
obtained from the Chief, Compensation & Entitlements Division, Office of
the Deputy Chief of Staff G-1, The Pentagon, Washington DC. This Army
official, after carefully reviewing the facts surrounding the applicant’s
situation, supports authorizing the applicant OHA at the “Muenster Hessen
(H)” rate from the date of his lease (1 November 2003 through 15 December
2003.
3. The G-1 Chief, Compensations & Entitlements Branch further indicates
that when the applicant arrived in “Munster NRW” on 29 August 2003, there
was no specific rate for the “Munster NRW” area, and the authorized rate
was based on the “Other NRW” rate. However, the applicant’s servicing
finance office established his OHA at the “Muster Hessen (H)” rate, which
was higher than the “Other NWR” rate. Since the applicant was paid the
higher rate, which he believed to be correct, he based his lease on that
higher rate. As a result, he was placed in a financial bind through no
fault of his own when the error was corrected.
4. The G-1 official also indicated the Per Diem committed established a
specific COLA and OHA rate for “Muenster NRW” on 16 December 2003, which
coincides with the higher “Munster Hessen (H) rate”. However, the Per Diem
committee cannot establish rates retroactively, and no authorization is
available at the higher “Muenster Hessen (H)” rate for OHA for the period
between the date of the applicant’s lease, 1 November 2003 through the date
of the rate change, 16 December 2003. The applicant was provided a copy of
the G-1 advisory opinion and concurred with its contents on 16 March 2005.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant was authorized to receive
OHA at a higher rate than originally authorized due to an administrative
error on the part of his local finance officer. Further, the evidence
confirms the higher rate was ultimately authorized for the applicant’s area
by the Per Diem committee on 16 December 2003.
2. The G-1 advisory opinion confirms the applicant received the proper
COLA rate from the date of his arrival. Therefore, it would not be
appropriate to authorize a higher COLA rate in this case.
3. In view of the facts of this case, it would be appropriate to correct
the applicant’s record to show he was authorized the higher OHA rate he is
now authorized since the date of his lease, 1 November 2003. Further, it
would be appropriate to reimburse the applicant for any OHA overpayment
already collected.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___SLP _ __RLD__ ___JRM__ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief. As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing he was authorized the higher OHA rate he
now receives since the date he entered into his lease on 1 November 2003;
and by reimbursing him any OHA overpayment that may have already been
collected.
2. The Board determined the evidence presented is insufficient to warrant
a portion of the requested relief. As a result, the Board recommends
denial of so much of the application that pertains to payment of a higher
rate of COLA.
____Shirley L. Powell______
CHAIRPERSON
INDEX
|CASE ID |AR20040011033 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2005/09/13 |
|TYPE OF DISCHARGE |N/A |
|DATE OF DISCHARGE |N/A |
|DISCHARGE AUTHORITY |N/A |
|DISCHARGE REASON |N/A |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |128.1200 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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