RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00124

XXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His unused deferred Consecutive Overseas Tour (COT) leave entitlement be extended.

APPLICANT’S CONTENTIONS

He deferred his COT entitlement when he changed duty stations from XXXX to XXXX.  He departed XXXX on 4 September 2019 and arrived at XXXX on 9 September 2019.  He has not been able to utilize his COT due to DoD travel, Joint Task Force Bravo, and the Government of XXXX restrictions, which were implemented in March 2020 in response to the Coronavirus.  His tour ended on 9 September 2020. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a Regular Air Force master sergeant (E-7).

On 25 June 2019, he was assigned from XXXX to XXXX; with a report not later than (NLT) date of 10 September 2019.

On 24 October 2020, he was assigned from XXXX,  to XXXX.

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. 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.  
 
AIR FORCE EVALUATION

AFPC/DPSSM 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 IPCOT entitlement.  They 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 7 May 2021 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.

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 pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that member and/or dependents command sponsored at the previous overseas location is/are authorized government funded travel from Deferred COT location (XXXX) 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-2021-00124 in Executive Session on 26 August 2021:

Mr. Panel Chair
Ms., Panel Member
Ms., Panel Member

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

Exhibit A:	Application, DD Form 149, w/atchs, dated 17 November 2020.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPSSM, dated 20 April 2021.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 7 May 2021.

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.