RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00086

xxxxxxxxxxxx	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His Consecutive Overseas Tour (COT) leave entitlement be reinstated.

APPLICANT’S CONTENTIONS

Due to COVID-19 travel restrictions, he was unable to utilize his planned deferred COT leave prior to his departure from XXXX Air Base, Korea with a date estimated return from overseas (DEROS) of 13 Nov 20.  The member was stationed at XXXX Air Base, Japan from 2 Sep 16 with a DEROS of 20 Jan 17 and permanently changed stations to a Consecutive Overseas Tour in XXXXX with a report no later than date of 31 Dec 20.  He deferred his COT leave entitlements and was to utilize that entitlement by the end of his second Consecutive Overseas Tour which was XXXXX with a DEROS of 13 Nov 20.  Due to COVID-19 movement restrictions, he was not able to utilize his approved deferred COT leave entitlement before the end of their tour in XXXXX.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force senior airman (E-4).

Dated 16 Sep 19, AF IMT 973, Request and Authorization for Change of Administrative Orders, indicates the applicant’s order number AM-149839 was amended to read “airman is authorized to defer COT travel.”

Dated 9 Jul 20, AF Form 899, Request and Authorization for Permanent Change of Station – Military, Special Order No. AN-142981 indicates the applicant was relieved from assignment in XXXXX and was to report, no later than, 31 Dec 20 to XXXXX for a tour length of 24 months.

Dated 16 Nov 20, AF IMT 973, Request and Authorization for Change of Administrative Orders, indicates the applicant’s order number AN-142981 was amended to read “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.

AIR FORCE EVALUATION

AFPC/DPSSM recommends granting the applicant’s request to restore his COT leave, finding evidence of an error or injustice.  Due to the COVID-19 travel restrictions, the applicant was unable to take his In-Place Consecutive Overseas Tour (IPCOT) entitlement.  AFI 36-3003, Military Leave Program, paragraph 6.1., states IPCOT refers to members assigned to a consecutive tour at the same overseas duty station.  Members cannot initiate the travel until they have entered the new IPCOT tour, and have until the end of the IPCOT tour to use the travel and transportation allowances, otherwise the authority expires.  The leave taken is ordinary leave charged based on authorized allowable travel.  Paragraph 6.3. states the unit works with the member to schedule the IPCOT or COT travel and makes sure the member uses the travel opportunity.  Since the IPCOT and COT travel is a statutory allowance, members forfeit this opportunity if not used within the specified period.

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 23 Apr 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 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 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 the member and/or command sponsored dependents at the previous overseas location is/are authorized government funded travel from the deferred COT location (XXXXX) 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-2021-00086 in Executive Session on 14 Jun 21:

, 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 2 Nov 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPSSM, dated 20 Apr 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 23 Apr 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.