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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