RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03786 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

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APPLICANT REQUESTS THAT: 

 

His expired consecutive overseas tour (COT) leave be reinstated. 

 

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APPLICANT CONTENDS THAT: 

 

Due to a variety of reasons beyond his control he was unable to 
use his COT leave. First, due to a shortage of manpower, his 
commander would not allow him to take the COT leave prior to his 
permanent change of station (PCS). Further, his family could 
not take any COT leave prior to his PCS because the Passport 
Office lost their passports and their visas expired. His wife 
became ill soon after his PCS requiring extensive medical care. 
He has since received notification of another overseas 
assignment. He left the Continental United States (CONUS) in 
Jul 08 and has since been unable to use any of the COT leave he 
has earned. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

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STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application are described 
in the letter prepared by the Air Force office of primary 
responsibility (OPR) which is included at Exhibit C. 

 

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AIR FORCE EVALUATION: 

 

AF/A1PA recommends denial, indicating there is no evidence of an 
error or injustice. On 26 Aug 11, the applicant’s assignment to 
Royal Air Force (RAF) Upwood was followed by a COT to Incirlik 
AB, Turkey. This COT authorized the applicant, his spouse and 
child a COT leave entitlement. On 15 Jun 11, prior to his PCS 
to Incirlik, the applicant officially deferred his COT leave 
entitlement. Based on the deferred COT leave travel, the 


applicant had until the end of his tour at Incirlik AB to use 
the entitlement. On 31 Aug 12, he was reassigned via PCS to 
Kunsan AB, Republic of Korea and the COT leave entitlement 
expired. AFI 36-3003, Military Leave, Paragraph 14.2., states 
“Deferred COT refers to members unable to use the COT leave 
travel and transportation allowances between the two tours 
because of military necessity, or when deferred by the member 
when relocating within the same geographical/command area;” and, 
Paragraph 14.4.2., states “When a member arrives at the new duty 
station, PCS orders should show member authorized deferred COT 
(which the applicant’s did). Members have until the end of 
their new tour to use the COT leave travel and transportation 
allowances. Otherwise the allowance expires.” Based on the 
deferred COT leave travel, the applicant had until the end of 
his tour at Incirlik AB on 31 Aug 12 to use the entitlement. 
AFI 36-3003, Paragraph 14.4.3., states there is only one 
exception to the end of tour limitation, “Members unable to use 
COT before completing the new tour due to duty in connection 
with contingency operations may defer travel until not more than 
1-year after the completion of the duties precluding travel.” 
Family medical conditions are not a basis on which the COT leave 
can be extended beyond the end of the second COT. Since there 
is no supporting documentation showing the applicant 
participated in a contingency operation (the only exception 
permitted), there is no authority for approval. There is no 
error or injustice in this case. 

 

A complete copy of the AF/A1PA evaluation is at Exhibit C. 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant submitted numerous e-mails related to the 
mishandling of his family’s passports and the expiration of 
their visas. In addition, he submitted a letter from the 
Military Personnel Section Superintendent verifying the problems 
the applicant faced with his family’s passports and visas 
(Exhibit E). 

 

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THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by 
existing law or regulations. 

 

2. The application was timely filed. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. We took notice 
of the applicant's complete submission, including his response 
to the Air Force advisory, in judging the merits of the case; 
however, we agree with the opinion and recommendation of the Air 


Force office of primary responsibility and adopt its rationale 
as the basis for our conclusion the applicant has not been the 
victim of an error or injustice. While the applicant contends 
that a variety of circumstances precluded him from taking his 
COT leave, the only basis upon which COT leave can be extended 
beyond the end of the second overseas tour is due to a member 
participating in a contingency operation. However, while it 
appears the applicant’s personal circumstances may have 
contributed to his inability to take full advantage of his COT 
entitlement, he has provided no evidence to indicate his loss of 
COT leave was due to his participation in a contingency 
operation or that he has been treated differently than others 
similarly situated. Therefore, in the absence of evidence to 
the contrary, we find no basis to recommend granting the relief 
sought in this application. 

 

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THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application. 

 

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The following members of the Board considered AFBCMR Docket 
Number BC-2012-03786 in Executive Session on 2 Apr 13, under the 
provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 3 Aug 12, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AF/A1PA, dated 24 Oct 12. 

 Exhibit D. Letter, SAF/MRBR, dated 6 Nov 12. 

 Exhibit E. Letter, 100 FSS/FSMP-1, dated 22 Jan 13. 

 

 

 

 

 

 Panel Chair