RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-03483

XXXXXXXXXXXXX	COUNSEL: NONE
	 
  	HEARING REQUESTED: YES 

APPLICANT’S REQUEST

1.   He be authorized to use his consecutive overseas tour (COT) leave entitlement after arriving on station at Dover AFB, DE.

2.   In the alternative, he be compensated for the cost of air travel from Andersen AFB, Guam to his home of record (HOR) in XXXXX.  

APPLICANT’S CONTENTIONS

He and his family were authorized COT leave for his permanent change of station (PCS) between Incirlik AB, Turkey and Andersen AFB, Guam.  His family planned on using the entitlement in Jun 20; however, due to COVID-19, they were unable to go on COT leave.  He and his family are unable to use the COT leave between his PCS from Anderson AFB to Dover AFB, DE due to out-processing requirements.  

The COT leave was an entitlement that could not be utilized due to unforeseen circumstances of the COVID-19 pandemic.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

The applicant’s Automated Records Management System (ARMS) does not include the PCS order for his assignment to Incirlik AB; however, AF Form 965, Oversea Tour Election Statement, dated 14 Mar 14, shows the applicant elected the accompanied by dependent tour for his PCS to Incirlik AB.  

Per AF Form 899, Request and Authorization for Permanent Change of Station – Military, Special Order XXXXX dated 22 Sep 20, the applicant, with two dependents, was reassigned from Andersen AFB to Dover AFB.  

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

APPLICABLE AUTHORITY/GUIDANCE

Joint Travel Regulation (JTR), Table 5-25, Eligibility for COT Leave. A service member stationed Overseas Continental United States (OCONUS) and ordered to an In-Place COT or COT and both tours are accompanied and the total time to be served at the permanent duty station (PDS) is equal to or greater than the sum of the unaccompanied tour lengths for the PDS is eligible for COT leave.   A service member’s dependent meeting all of the following criteria is eligible for COT leave: Be a dependent on the last day of the member’s first tour at the old PDS or is a dependent on the effective date of the PCS order to the new OCONUS PDS; be command sponsored for both tours; be located in the vicinity of the old OCONUS PDS; and accompany the member during both tours.

JTR, paragraph 050812. Consecutive Overseas Tour Leave, When COT leave travel is allowed to be deferred, it must be completed before the tour ends at the new PDS, unless the reason travel is deferred is due to a contingency operation.  When COT leave is deferred due to duty in a contingency operation, the COT leave must occur within 1 year after the contingency operation ends.  

AFI 36-3003, Military Leave Program, paragraph 6.2, 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 the 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. Paragraph 6.3, Since the IPCOT or COT travel is a statutory allowance, members forfeit the opportunity if not used within the specified period.  

AIR FORCE EVALUATION

AFPC/DPSSM recommends denial.  The applicant was stationed at Incirlik AB and was on a COT PCS to Andersen AFB.  The applicant was authorized to request his COT leave be deferred and utilized by the end of the second overseas tour.  However, he did not provide his orders to and from both locations with the original COT/deferred COT/approval.  He also did not provide orders to the new location or any supporting documentation to support the request.  

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 29 Jul 21 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 not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DPSSM and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Moreover, the JTR specifically states a service member must be approved to defer use of COT leave and that the COT leave entitlement expires at the end of the COT assignment.  Therefore, the Board recommends against correcting the applicant’s records.
 
4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2020-03483 in Executive Session on 26 Aug 21:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 4 Nov 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DPSSM, w/atchs, dated 23 Jul 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 29 Jul 21.

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.