RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-01172
INDEX CODE: 128.14
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be reinstated the In-Place Consecutive Overseas Tour (IPCOT) Travel
Entitlement.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He is beyond the one year deadline window, based on the fact that he
was not presented with an Enlisted Overseas Returnee Counseling
Handout (EORCH) or any data concerning deadlines or deferments at the
time he applied for the IPCOT, 1 November 1995.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant is currently serving in the Regular Air Force in the grade
of staff sergeant.
Applicant was ordered on an IPCOT on 11 November 1996, thereby earning
an IPCOT leave travel entitlement. In accordance with Title 37, USC,
Section 411b, dated 5 December 1991, a member must utilize their
entitlement no more than one year after the date the member enters
into the new tour. The statute allows for an exception to the time
limit for duty performed in connection with a contingency operation.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Military Compensation & Legislation Division, HQ USAF/DPPC,
reviewed this application and states that while they are sympathetic
to applicant’s situation, they believe that the member has exhausted
any entitlement due to the time constraints in the law. Therefore,
they are unable to support the member’s request to reinstate the
entitlement to IPCOT leave travel.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 26 May 1998, a copy of the Air Force evaluation was forwarded to
applicant for review and response within 30 days. As of this date, no
response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. Based on the applicant
not receiving the Enlisted Overseas Returnee Counseling Handout
(EROCH) or any deferment letters at the time he applied for the In-
Place Consecutive Overseas Tour (IPCOT) travel entitlement, we believe
his entitlement to IPCOT leave travel should be reinstated. In
accordance to the above, we recommend that his record be corrected to
the extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that during the period 1
November 1997 through 1 January 1999, he performed duty in support of
a contingency operation.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 17 December 1998, under the provisions of AFI 36-
2603:
Mr. Vaughn E. Schlunz, Panel Chair
Mr. Edward C. Koenig, II , Member
Mr. Kenneth L. Reinertson, Member
Ms. Phyllis L. Spence, Examiner (without vote)
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Apr 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPC, dated 14 May 98.
Exhibit D. AFBCMR Letter, dated 26 May 98.
VAUGHN E. SCHLUNZ
Panel Chair
AFBCMR 98-01172
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:
The pertinent military records of the Department of the Air
Force relating to , be corrected to show that during the period 1
November 1997 through 1 January 1999, he performed duty in support of
a contingency operation.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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