DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket: 01918-11
18 May 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Office of the Chief of Naval Operations (CNO) memo
5420 Ser N130C1/11U0336 of 26 Apr 11
1. Pursuant to the provisions of reference (a) Petitioner,
filed enclosure (1) with this Board requesting, in effect, that
the applicable naval record be corrected to show that he was
authorized overseas cost of living allowance (COLA) at the zero
dependent rate from 26 February 2009 to 5 February 2011 while
stationed in Japan in government quarters.
2. The Board, consisting of Messrs. Pfeiffer, Exnicios, and
George reviewed Petitioner's allegations of error and injustice
on 16 May 2011 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, naval records, 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. Petitioner is married to a fellow service member (mil -
to-mil). Both were serving in “sea duty” billets in Japan and
occupied government quarters.
Docket: 01918-11
c. Petitioner originally had been receiving overseas COLA
at a reduced rate. However, the COLA was later withdrawn by the
personnel support detachment (PSD) due to a misinterpretation of
the Joint Federal Travel Regulation (JFTR) manual.
e. In February 2011, Petitioner submitted an application
with this Board seeking a change to his record to show that he
wag authorized to received overseas COLA at the zero dependent
rate while in a mil-to-mil status from 26 February 2009 to
5 February 2011.
£. In correspondence attached as enclosure (2), the office
having cognizance over his entitlement of COLA has commented to
the effect that the request has merit and warrants 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
corrective action.
RECOMMENDATION :
That Petitioner's naval record be corrected, where appropriate,
to show that:
a. Petitioner is authorized overseas COLA at the zero
dependent rate from 26 February 2009 to 4 February 201.
b. That a copy of this Report of Proceedings be filed in
Petitioner’s naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 9723.6 (c) it is certified that 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.
[|p tlten- VY
ROBERT D. ZSALMAN WILLIAM J. HESS, Ll
Recorder Acting Recorder
Docket: 01918-11
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 723.06 (e) }
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
18 May 2011
ROBERT D. ZSALMAN
Acting Executive Director
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