IN THE CASE OF:
BOARD DATE: 4 August 2011
DOCKET NUMBER: AR20110008520
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 Overseas Housing Allowance (OHA) entitlements, Utility Recurring Maintenance Allowance (URMA), and Cost of Living Allowance (COLA) for the period he was deployed to Iraq with his unit from Guam.
2. The applicant states that he was assigned to a Reserve unit in Guam when they were activated for deployment to Iraq in 2004 - 2005 and he did not receive the OHA, URMA, and COLA entitlements he was entitled to receive.
3. The applicant provides:
* A DA Form 2367 (Individual Overseas Housing Allowance Report)
* Emails from officials at the claims office, Defense Finance and Accounting Service (DFAS), advising him to apply to the Board
* A copy of his mortgage
* His deployment orders
* A Defense Eligibility Enrollment Reporting System print-out listing his dependents
* an extract of OHA and COLA tables
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error
or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the U.S. Army Reserve (USAR) for assignment to a combat engineer company in Guam on 5 February 2002. He was ordered to active duty training on 16 May 2002. He completed his training and was released from active duty training on 10 October 2002. He was returned to his USAR unit in Guam.
3. On 5 January 2004, he was ordered to active duty with his unit in support of Operation Iraqi Freedom and he deployed to Iraq from 28 March 2004 to
25 March 2005. He was released from active duty (REFRAD) on 14 May 2005 and was returned to his unit.
4. On 15 March 2006, he enlisted in the Regular Army. He was promoted to the rank/grade of sergeant (SGT)/E-5 on 1 April 2007 and to the rank/grade of staff sergeant (SSG)/E-6 on 1 August 2009.
5. In the processing of this case, on 14 July 2010, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G1. The advisory official stated that the applicant was eligible for payment of OHA, URMA, and COLA for Barrigada, Guam during the period of his deployment. He recommended that DFAS conduct an audit of his finance record to determine his entitlements. The applicant made no comment on the advisory opinion.
6. The available records do not contain and the applicant has not provided any copies of his leave and earnings statements.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted; however, the applicant has not provided any documentation to show that he was not paid the OHA, URMA, and COLA for Barrigada, Guam during the period of 28 March 2004 to 25 March 2005.
2. However, in the interest of justice and given the advisory opinion obtained in this case, it would be appropriate to request that DFAS conduct an audit of the applicant's finance record. If he did not receive his OHA, URMA, and COLA entitlements for the period of his deployment to Iraq between 2004 and 2005, then he should be paid accordingly.
3. Additionally, the applicant will be responsible for providing DFAS any additional documents requested by DFAS that may be needed to establish his claim.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FURMAL 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 entitled to OHA, URMA, and COLA during the period of his deployment to Iraq, requesting that DFAS conduct an audit of his finance record and if the applicant has not been paid his entitlement to OHA, URMA, and COLA during the period of his deployment to Iraq, then pay him accordingly.
___________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) AR20110008520
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ABCMR Record of Proceedings (cont) AR20110008520
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