RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01255

XXXX X. XXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His unused deferred Consecutive Overseas Tour (COT) leave entitlement for his assignment from XXXX to XXXX, be reinstated.

APPLICANT’S CONTENTIONS

Due to COVID-19 travel restrictions, he was unable to utilize his deferred COT leave before his Permanent Change of Station (PCS) from XXXX.  He arrived Jan 19 and on Mar 20 travel restrictions remained in place preventing him from using his COT entitlement prior to his departure Feb 21.

In support of his appeal, the applicant provides a two memorandums that state, on 17 Oct 18 he was authorized to defer COT travel, and on 9 Feb 21 was not able to use his COT entitlement as planned due to COVID-19 travel restrictions.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 27 Dec 18, Special Order XXXX, provided by the applicant, shows he was assigned from XXXX to XXXX, with a report Not Later Than (NLT) date of 07 Mar 19.

On 12 Apr 18, the applicant’s Report on Individual Personnel (RIP) reflects his Effective Duty Date (EDD) at XXXX. 

On 5 Feb 19, the applicant’s RIP also indicates that he had a PCS to XXXX.  

On 7 Dec 20, Special Order XXXX, shows that the applicant was reassigned from XXXX to XXXX with report not later than date (RNLTD) of 30 Mar 21 and a Date estimated return from overseas (DEROS) of 13 Feb 21. 

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, effective 24 Aug 2020 -

6.1. In-Place Consecutive Overseas Tour (IPCOT).  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.  (T-0).  The leave taken is ordinary leave charged based on authorized allowable travel.  See paragraph 6.4 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. 

6.3. Scheduling Travel. 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 covered in paragraph 6.3.1 or 6.3.2 below. Use DD Form 1610 for COT, deferred COT or IPCOT travel.

6.3.1. Scheduling IPCOT Leave Travel. A member cannot initiate the travel until they have entered the new IPCOT tour and has until the end of the IPCOT tour to use the travel and transportation allowances. Otherwise, the allowance expires. (T-0).

6.3.2. Scheduling Deferred COT Leave Travel. When a member arrives at the new duty station, permanent change of station orders should show member authorized deferred COT. Members have until the end of their new tour to use the COT leave travel and transportation allowances.  Otherwise, the allowance expires. Note: If the determination is made that the member did not use the deferred COT, the member is required to reimburse the government for permanent change of station COT leave travel payments made on the permanent change of station voucher. (T-0).

6.3.4. Members should contact Traffic Management Office/Commercial Travel Office for travel arrangements. Failure to do so may result in non-reimbursement of travel costs. Note: The JTR authorizes travel and transportation allowances to members in connection with authorized leave from, and return to, the overseas duty station. The JTR, paragraph 050812, Consecutive Overseas
Tour Leave, explains the allowances for members and their command-sponsored dependents who travel from the overseas duty station to the home of record or place of residence and return. The government reimburses authorized travel and transportation expenses.

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.

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 4 Aug 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.  Due to the COVID-19 travel restrictions, the applicant was unable to use his deferred COT entitlement.  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 that his COT/IPCOT entitlements reflect “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-2021-01255 in Executive Session on 14 Sep 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 14 Apr 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPSSM, dated 30 Jul 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 4 Aug 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.