IN THE CASE OF:	

		BOARD DATE:	  01 June 2010

		DOCKET NUMBER:  AR20100013335 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests payment of cost of living allowance (COLA) for the period 27 August 2009 to 11 November 2009.

2.  The applicant states the following:

	a.  After receiving orders for military occupational specialty (MOS) reclassification for medical reasons, he performed a permanent change of station (PCS) move from Germany to Fort Riley with temporary duty (TDY) en route to attend advanced individual training (AIT) at Fort Jackson.  

	b.  He did not have sufficient notification or time to prepare his family for the PCS when he received his orders.  He requested and was approved for individual logistical support (ILS) for a period of 90 days allowing his family to continue to reside in post housing in Germany while he completed his TDY.

	c.  He left Germany on 27 August 2009, and his family remained until 
11 November 2009.  He did not receive COLA during this period.

     d.  He submitted the appropriate documents to allow him to continue to receive COLA while his family remained in Germany.

	e.  A completed exception to policy for COLA was submitted through the unit he was leaving, but he had not received a response after arriving at Fort Riley.

	f.  He exhausted all methods trying to contact his previous unit regarding the matter, but was unsuccessful.

	g.  He contacted the Inspector General's office at Fort Riley and resubmitted his request due to the fact he was not receiving any help from his unit.

	h.  Without the exception to policy for COLA, he and his family endured a financial hardship during the entire PCS/TDY process.   

3.  The applicant provides a copy of his request for an exception to policy to continue to receive COLA. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 7 August 2002.  He was honorably retired on 2 January 2005 and placed on the Temporary Disability Retired List.  He again enlisted in the Regular Army on 21 December 2006.  

2.  The record shows, on 29 July 2009, the applicant received orders to proceed on PCS to Fort Riley with TDY en route at Fort Jackson from 28 August 2009 to 30 October 2009 to attend the Financial Management Technician Course.  The orders authorized travel of two command sponsored dependents.

3.  On 5 August 2009, the Commander, Unit 28130, United States Army Garrison Grafenwoehr approved the applicant's request for an exception to policy to allow his family members to remain in government quarters upon his departure.

4.  On 14 August 2009, the applicant received an amendment to his PCS orders authorizing his spouse and daughter to remain in government quarters until 
11 November 2009.

5.  A DA Form 4187 (Personnel Action) shows, on 26 August 2009, the applicant submitted a request for an exception to policy for COLA entitlement from 
27 August 2009 to 11 November 2009.  The applicant's squadron commander recommended approval on 28 September 2009 and the regiment commander recommended approval on 7 October 2009.  

6.  On 3 February 2010, the Chief, Finance Policy, United States Army Europe G-1 sent a memorandum to the Compensation and Entitlements office of the Deputy Chief of Staff, G-1.  The memorandum recommends approval of the applicant's request for continued COLA entitlement.

7.  The record is void of documentation showing a final decision on the applicant's request.  

8.  An advisory opinion provided by the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff, G-1 recommends supporting the applicant's request for reimbursement for outside continental United States (OCONUS) COLA for the period 27 August 2009 through 11 November 2009.  The advisory opinion states the following:

	a.  The request was within the parameters for approval in the Joint Federal Travel Regulation (JFTR), paragraph U9105 (COLA Start/Stop) and U9220-B (Delayed Travel).  

	b.  A request was submitted after the applicant had already completed training at Fort Jackson and was returned without action.  However, had it been received before his PCS from Germany it would have been approved.

9.  The applicant concurred with the advisory opinion.  

10.  The JFTR states in paragraph U9105 COLA stops the day before the member departs in compliance with a PCS order unless an extension is authorized through the Secretarial Process under paragraph U9220.  Paragraph U9220-B authorizes continuation of COLA when dependents are authorized (or required) to travel after the member and arrive at a new duty station after the member.

DISCUSSION AND CONCLUSIONS:

1.  The evidence in this case supports approval of the applicant's request for payment of COLA for the period 27 August 2009 to 11 November 2009.  

2.  The evidence of record shows the applicant requested an exception to policy for continued COLA entitlement one day prior to the beginning of his TDY assignment and the applicant's chain of command recommended approval.  The request was forwarded to Compensation and Entitlements, Office of the Deputy Chief of Staff, G-1 on 3 February 2010, more than 5 months after the applicant submitted the request.

3.  The advisory opinion provided by the Chief, Compensation and Entitlements shows the application would have been approved had it been processed in a timely manner.  Based on the available evidence, it would be equitable to correct the applicant's record to show he was entitled to COLA for the period 27 August 2009 to 11 November 2009.
BOARD VOTE:

___X____  ____X__  ___X____  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 to show he was approved to receive OCONUS COLA during the period 27 August 2009 to 11 November 2009, and by paying him OCONUS COLA at the appropriate rate for the Grafenwoehr, Germany area for a Soldier in pay grade E-5 with two dependents and 5 years of service during the period 27 August 2009 to 
11 November 2009.




      _______ _  X _______   ___
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20100013335





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ABCMR Record of Proceedings (cont)                                         AR20100013335



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