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AF | BCMR | CY1999 | 9802957
Original file (9802957.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-02957
            INDEX CODE:  121.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  at
Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) reveals the
applicant’s Date Arrived Station (DAS) as  24  Aug  96  and  his  date
eligible for return from overseas (DEROS) as 24 Aug 99.

The relevant facts pertaining to this application, extracted from  the
applicant’s military records, are contained in the letter prepared  by
the appropriate office of the Air Force.   Accordingly,  there  is  no
need to recite these facts in this Record of Proceedings.
_________________________________________________________________

AIR FORCE EVALUATION:

The Legislation and Compensation Division, HQ AF/DPRC,  reviewed  this
application and recommended denial since the applicant had ample  time
to  initiate  his  Consecutive  Overseas  Tour  (COT)   leave   travel
entitlement.  AF/DPRC stated that the applicant had a permanent change
of station and received a Consecutive Overseas Tour (COT) leave travel
entitlement.  He elected to defer his  COT  leave  travel  entitlement
until after his arrival at the new duty station, with the  requirement
that travel had to be initiated by  24  Aug  97.   The  applicant  was
placed on administrative hold five months prior to the expiration date
of his entitlement and should have had time to  use  the  entitlement.
The statute in effect at the time (Title 37, USC) states that  members
must use their COT leave within one year of beginning the  consecutive
tour duty.  A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He arrived at his new assignment in Germany on  23  Aug  96.   He  got
married in the states in Oct 96.  He and his wife returned to  Germany
on 30 Oct 96 and  his  daughter  was  born  on  11  Nov  96.   Due  to
complications with his daughter’s birth, his wife  was  not  medically
able to fly until 15 Feb 97.  Therefore, they decided to use  his  COT
entitlement in Jun 97 to show off their daughter.  Due to his daughter
being hurt on 4 Apr 97, he was placed on administrative hold  from  10
Apr 97 until Oct 97 (Exhibit E).
_________________________________________________________________

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.   After  reviewing  the
evidence of record and applicant’s submission, we are  persuaded  that
the applicant was not able to use his COT leave travel entitlement due
to  circumstances  beyond  his  control.   It  appears  the  applicant
intended to use his COT entitlement within the  time  period  allowed.
However, he was placement on administrative hold from July  -  October
1997.  By the time the  applicant  was  released  from  administrative
hold, it was beyond the  time  limit  to  use  his  COT  leave  travel
entitlement.  In  view  of  the  above  and  since  the  investigation
revealed no culpability on his part, we believe it would be unjust  to
deny the applicant the relief sought.   Therefore,  we  recommend  the
applicant’s records be corrected to allow him the opportunity  to  use
his COT leave travel entitlement prior to completion  of  his  current
duty assignment.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that he was performing duty
in support of a contingency operation,  with  inclusive  dates  of  20
August 1997 through  24  August  1998,  and  that  he  was  authorized
deferred  consecutive  overseas  tour  (COT)  leave  travel   for   an
additional year after duty ended to  complete  his  COT  leave  travel
contingent upon his COT leave  travel  being  completed  by  24 August
1999.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 2 March 1999, under the  provisions  of  AFI  36-
2603:

                  Mr. Michael P. Higgins, Panel Chair
                  Mr. Philip Sheuerman, Member
              Mr. Patrick R. Wheeler, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 20 Feb 98, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letters, HQ AF/DPRC, dated 12 Nov 98.
   Exhibit D.  Letter, SAF/MIBR, dated 30 Nov 98.
   Exhibit E.  E-Mail from applicant, dated 17 Dec 98.



                                   MICHAEL P. HIGGINS
                                   Panel Chair


AFBCMR 98-02957



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 APPLICANT be corrected to show that he was
performing duty in support of a contingency operation, with inclusive
dates of 20 August 1997 through 24 August 1998, and that he was
authorized deferred consecutive overseas tour (COT) leave travel for
an additional year after duty ended to complete his COT leave travel
contingent upon his COT leave travel being completed by 24 August
1999.





            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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