RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 October 2005
      DOCKET NUMBER:  AR20050009255


      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. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Hubert O. Fry, Jr.            |     |Member               |
|     |Mr. Robert Rogers                 |     |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, adjustment and payment of his cost
of living allowance (COLA) and overseas housing allowance (OHA) for the
period mid-April 2003 to mid-May 2004.

2.  The applicant states, in effect, that while assigned to Fort Buchanan,
Puerto Rico, he received assignment instructions for a dependent
restricted, overseas tour in Honduras.  When the applicant out-processed
Fort Buchanan, he was advised by his local finance office that his COLA and
OHA entitlements would not change.  The applicant's family remained in
Puerto Rico, but upon arrival in Honduras, the applicant's COLA and OHA
were cut drastically.  The applicant attempted to resolve the matter
through his local finance office in Honduras; however, he was unsuccessful
in correcting the problem.  The applicant completed his dependent
restricted tour in Honduras and was reassigned to Fort Buchanan, Puerto
Rico.

3.  The applicant provides copies of Headquarters, U.S. Army South, Fort
Buchanan, Puerto Rico, Orders 330-2, dated 26 November 2002; Headquarters,
U.S. Army Medical Department Center and School and Fort Sam Houston, Fort
Sam Houston, Texas, Orders 085-529, dated 25 March 2004; page 1 of DA Form
67-9 (Officer Evaluation Report), dated 13 April 2004; Form 480.7A
(Commonwealth of Puerto Rico, Department of the Treasury, Informative
Return Mortgage Interest), Taxable Year 2002; and DA Form 31 (Request and
Authority for Leave), dated 17 May 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
16 April 2003, the effective date of the change in his COLA and OHA
allowances. The application submitted in this case is dated 8 June 2005.

2.  The applicant's military personnel records show that on 26 November
2002, he was assigned to Headquarters, U.S. Army South, Fort Buchanan,
Puerto Rico, when he received orders reassigning him to a dependent
restricted tour in Honduras.  The applicant reported for duty in Honduras
on 16 April 2003 and served as Battalion Executive Officer, Joint Task
Force (JTF)-Bravo, Soto Cano Air Base, until his departure on 18 May 2004.
The applicant was subsequently assigned to the U.S. Army Garrison (USAG),
Fort Buchanan, Puerto Rico.


3.  The applicant provides copies of orders assigning him to JTF-Bravo,
Honduras, and USAG, Fort Buchanan, Puerto Rico, his Officer Evaluation
Report while serving as Battalion Executive Officer of JTF-Bravo, a home
mortgage document verifying his family's address in Puerto Rico, and a
leave form documenting his departure from Honduras and return to Puerto
Rico.

4.  In the processing of this case, an advisory opinion was obtained from
the Compensation and Entitlements Division, Office of the Deputy Chief of
Staff, G-1, Washington, DC, dated 12 September 2005.  This document opines
that it appears the applicant was advised improperly concerning his COLA
and OHA allowances prior to his reporting to Honduras on a dependent
restricted tour.

5.  The advisory opinion offers that, Title 37. U.S. Code, section 405,
provides, in pertinent part that under regulations prescribed by the
Secretaries concerned, members of the uniformed Services are authorized a
COLA and OHA while serving outside the continental United States (OCONUS).
The Joint Federal Travel Regulations (JFTR), paragraphs U9101-C, U9151-C,
and U9302-B1 provide the Secretarial authority for extending COLA and OHA
for the previous Permanent Duty Station (PDS) while a member serves on a
dependent restricted tour.  JFTR, paragraph U9302-B1 states that a member
on OCONUS duty whose dependents are residing in the vicinity of the
member's PDS at the time an order is issued reassigning the member to a
dependent restricted tour is authorized station allowances for the old PDS
in the manner as if the member were present there for duty for the period
dependents continue to reside in the old PDS vicinity, if authorized at a
level specified by the Secretary concerned.  However, this Secretarial
authority is limited to authorizing extension of allowances in advance, but
does not grant the Secretary retroactive approval authority for extending
the allowances.  The advisory opinion also notes that, by definition, as
specified in the JFTR, Appendix A, COLA and OHA are station allowances and
Puerto Rico is a non-foreign OCONUS area.

6.  On 13 September 2005, this agency referred the advisory opinion to the
applicant for his review and comments within 15 days of the date of the
letter.  The applicant indicated his concurrence with the advisory opinion
by signing, dating, and returning the document on 26 September 2005.






7.  Title 10, U.S. Code, section 1552, the law which provides for the
Board, states that, “The Secretary may pay, from applicable current
appropriations, a claim for the loss of pay, allowances, compensation,
emoluments, or other pecuniary benefits, or the repayment of a fine or
forfeiture, if, as a result of correcting a record under this section, the
amount is found to be due the claimant on account of his or another’s
service in the Army, Navy, Air Force, Marine Corps or Coast Guard, as the
case may be”.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to a higher rate
of COLA and OHA for the period he served on a dependent restricted,
overseas tour in Honduras because he was advised by his local finance
office that his COLA and OHA would not change since his family was
remaining in Puerto Rico during his assignment to Honduras.  However, his
COLA and OHA rates were drastically reduced when he was assigned to
Honduras, even though his family remained in Puerto Rico.

2.  Evidence of record shows that the applicant and his family were
stationed in Puerto Rico; that the applicant received orders, was
reassigned to a dependent restricted tour, and arrived in Honduras on 16
April 2003; and that his family remained in Puerto Rico until his return to
Puerto Rico on 18 May 2004.

3.  The advisory opinion offers that the evidence of record indicates that,
prior to reporting to Honduras, the applicant was improperly advised that
his COLA and OHA allowances would continue for Puerto Rico while serving on
his dependent restricted tour.  Consequently, he was unable to obtain the
necessary approval to continue the allowances for Puerto Rico while
completing his tour in Honduras because the supporting finance office was
not aware of the proper approval process to do so.

4.  The advisory opinion recommends approval of the applicant's request
based on the fact that, had the applicant gotten proper advice on extending
his COLA and OHA allowances, it is believed he likely would have obtained
the proper Secretarial authority to do so, in advance.  Therefore, it would
be appropriate to correct the applicant's records to authorize the
applicant entitlement to COLA and OHA at the old PDS (i.e., Puerto Rico)
rates, for the period 16 April 2003 through 18 May 2004.




BOARD VOTE:

__BJE __  __HOF __  ___RR __  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 he was authorized the COLA and OHA rates for Puerto Rico, for the
period 16 April 2003 through 18 May 2004, and that appropriate payment be
made to the applicant.




                                  ____BARBARA J. ELLIS_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050009255                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051019                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |128.1400.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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