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AF | BCMR | CY1999 | 9803272
Original file (9803272.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-03272
            INDEX NUMBER:  121.03

            COUNSEL:  NONE

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

Twenty-seven (27) days of leave be restored to his leave account.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was miscounseled that the In  Place  Consecutive  Overseas  Tour
(IPCOT) Program included 30 days of free leave.

Applicant’s complete statement and documentary evidence in  support
of his appeal are at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) reflects
applicant’s Total Active Federal Military Service Date (TAFMSD)  as
17 December 1985.  He is currently serving on active  duty  in  the
grade of technical sergeant.

The applicant was charged 27 days of leave for the period 13 July -
8 August 1997 in conjunction with his IPCOT leave travel.

___________________________________________________________________

AIR FORCE EVALUATION:

The Legislation & Compensation  Division,  AF/DPRC,  reviewed  this
application and recommended denial.  DPRC  stated  that  the  Joint
Federal  Travel  Regulation   establishes   the   entitlement   and
eligibility for the consecutive overseas tour  (COT)  leave  travel
entitlement.  The entitlement requirements state “eligible  members
and their eligible dependents, if any, are entitled to  the  travel
and allowances authorized in Ch 5, Part B  and  C,  for  COT  leave
travel  between  authorized  locations.   Members  and   authorized
command-sponsored dependents who qualify for COT leave  travel  are
paid for transportation costs from the member’s PDS to the member’s
home of record (HOR); members can travel  to  any  other  location,
however, reimbursement is limited to the  round-trip  cost  to  the
member’s  HOR.   Leave  taken  during  the  COT  leave  travel   is
chargeable leave, with the exception of the authorized travel days.
 Title 37, USC, Section 411b, does not provide the ability to allow
members to take non-chargeable leave versus the travel entitlement.

The complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 18 January 1999 for review and comment 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 injustice.  After  careful  consideration
of the available  evidence,  it  appears  that  the  applicant  was
erroneously advised that his In  Place  Consecutive  Overseas  Tour
(IPCOT) entitlements  included  30  days  of  nonchargeable  leave.
Based on the guidance he received, the applicant chose to  take  30
days of leave.  However, when he filed his travel voucher,  he  was
advised that this was not an entitlement, and, with  the  exception
of three authorized travel days, he was charged ordinary leave.  In
our  opinion,  the  applicant  should  not  be  penalized  for  the
miscounseling  he  received  regarding  his   IPCOT   entitlements.
Therefore, to preclude any injustice to the applicant,  we  believe
that relief is warranted and  that  27  days  of  leave  should  be
restored to his leave account.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to show that twenty-seven  (27)
days of leave were added to his leave account commencing 2  October
1999.

___________________________________________________________________

The following members of the Board considered this  application  in
Executive Session on 16 November 1999, under the provisions of  AFI
36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Dr. Gerald B. Kauvar, Member
      Ms. Patricia D. Vestal, Member

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

     Exhibit A.  DD Form 149, dated 13 Oct 98, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AF/DPRC, dated 28 Dec 98.
     Exhibit D.  Letter, SAF/MIBR, dated 18 Jan 99.




                                   CHARLENE M. BRADLEY
                                   Panel Chair




AFBCMR 98-03272




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 twenty-
seven (27) days of leave were added to his leave account commencing
2 October 1999.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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