RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01973

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His unused deferred Consecutive Overseas Tour (COT) leave entitlement for his assignment from Misawa AB, Japan, to Kadena AB, Japan, be extended.

APPLICANT’S CONTENTIONS

Due to COVID-19 travel restrictions he was unable to utilize his planned deferred COT leave for his Permanent Change of Station (PCS) from Misawa AB to Kadena AB, on 13 Apr 20.  He is stationed in Okinawa, Japan, and the restrictions stopped all travel to and from other countries to include Mainland Japan.  This in turn caused him to miss his leave window.  His current Date Eligible for Return from Overseas (DEROS) is 1 Jul 20 with a port call of 20 Jul 20.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a Regular Air Force technical sergeant (E-6).

On 15 Apr 20, as per Special Order AN-085201, he was assigned from Kadena AB to Kunsan AB, with a report Not Later Than (NLT) date of 10 Aug 20.

On 29 May 20, amendment order AN-101810, amended PCS order AN-095201 to reflect “Airman is authorized to defer COT travel.” 

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY

AFI 36-3003, Military Leave Program: 

7.2. Deferred COT.  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 requested by member and approved for COT leave deferment.  Members have until the end of their new tour to use the COT leave travel and transportation allowances, otherwise the authority expires.  The leave taken is ordinary leave charged based on authorized allowable travel time.  See paragraph 7.4 for exception to the end of tour limitation when members are unable to use the travel due to duty in connection with a contingency operation.
 
7.3. Determining Deferred COT Allowance. 
7.3.1. Review the member’s PCS orders for deferred COT transportation.  The orders should contain the authorization to defer the COT transportation allowance and the authorization (if applicable) to take leave (non-COT) en route.  The losing commander is the approval authority to approve the deferred COT allowance and non-COT leave en route.  If there is no authorization to defer the COT authority on the orders, consider the COT allowance used.  If the orders authorize deferred COT, check with the financial services officer (FSO) to determine the number of chargeable leave days taken en route.  Effective 1 Dec 98, the non-COT leave en route cannot exceed 10 days.  If the member took at least 11 days chargeable leave en route, consider the COT allowance used.  Note: If a member takes greater than 10 days of non-chargeable leave en route the deferred COT opportunity is still available to member to use at a later date. 
	
AIR FORCE EVALUATION

AFPC/DP2SSM, recommends granting the application.  Based on the documentation provided by the applicant and analysis of the facts, there is evidence of an error or injustice.  Due to the COVID-19 travel restrictions, the applicant was unable to take his deferred COT entitlement.  Recommend the applicant’s assignment orders be amended to include deferred COT entitlement.  The applicant has until the end of his new tour to use the COT leave travel and transportation allowances, otherwise the authority expires. 

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 19 Aug 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSM and finds a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show Special Order AN-093488, dated 13 Jun 16, be amended to include the approval of Deferred COT Leave.  Member and/or Dependents Command Sponsored at the previous Overseas Location is/are authorized government funded travel from Deferred COT location (Kadena) to his Home of Record.  This reinstated entitlement is to be utilized before the end of Fiscal Year 2022.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2020-01973 in Executive Session on 6 Oct 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 1 Jun 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 13 Aug 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 19 Aug 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.