RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-01358
INDEX CODE: 128.00, 128.14
COUNSEL: None
HEARING DESIRED: No
APPLICANT REQUESTS THAT:
His In-Place Consecutive Overseas Tour (IPCOT) travel entitlement be
allowed for Jul 99.
APPLICANT CONTENDS THAT:
On 18 Nov 96, he was approved for an IPCOT. At that time, he was
not briefed or given a returnee counseling handout and date eligible
to return from overseas (DEROS) option. He was unaware of the
requirement to take IPCOT leave within the first 12 months of an
IPCOT. He made his plans based on the information he had. Approval
of this request would greatly reduce a family hardship.
Applicant’s complete submission is attached at Exhibit A.
STATEMENT OF FACTS:
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 Chief, Compensation & Entitlements Branch, HQ USAF/DPRCC,
reviewed this application and indicated that the statute in effect
at the time the applicant entered his IPCOT (Section 411b, Title 37,
United States Code (USC)) (5 Dec 91), states that, members and their
eligible dependents must use their IPCOT leave within one year of
entering the IPCOT. The applicant provided a copy of a DEROS
election option RIP with his application and his signature is on the
form. The form states, “I certify I have read and understand the
returnee counseling hand-out and DEROS options available to me.”
The applicant did not initial this statement. Based on the
application and further questions asked via electronic mail to the
applicant, DPRCC cannot determine that he was misinformed by
personnel, finance, or his orderly room. He did not seek out
information about his entitlements and their restrictions. They do
not recommend the Board correct applicant’s record to allow
reimbursement for his dependents’ travel. He had an inherent
responsibility to seek out information and act on this information
in a prudent manner.
A complete copy of the Air Force evaluation, with attachment, is
attached at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on
28 Jan 00 for review and response. 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. The applicant states
that he was not briefed or given a returnee counseling handout and
DEROS options and he was unaware of the requirement to take his
IPCOT leave within the first 12 months of an IPCOT. While we note
that DPRCC indicated that they cannot determine that the applicant
was misinformed by personnel, finance, or his orderly room regarding
his entitlements and their restrictions, we believe that any doubt
should be resolved in the applicant’s favor. We feel that the
applicant was unaware that he had to use his IPCOT leave within one
year of entering the IPCOT. Therefore, in order to offset any
possibility of an injustice, we recommend his records be corrected
as 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, effective
14 November 1998, he was performing duty in support of a contingency
operation; that competent authority authorized deferral of his In-
Place Consecutive Overseas Tour (IPCOT) leave travel for an
additional year after duty ended, contingent upon his IPCOT leave
travel being completed by 14 November 1999; that a commercial travel
office was not available at Kadena AB, Japan, for him to have his
tickets issued and an American flag carrier was not available; and,
that he is entitled to reimbursement not to exceed $2,272.13.
The following members of the Board considered this application in
Executive Session on 27 April 2000, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Panel Chair
Mr. Patrick R. Wheeler, Member
Mr. Jackson A. Hauslein, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 May 99, w/atchs.
Exhibit B. Letter, HQ USAF/DPRCC, dated 18 Jan 00, w/atch.
Exhibit C. Letter, AFBCMR, dated 28 Jan 00.
THOMAS S. MARKIEWICZ
Panel Chair
AFBCMR 99-01358
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, effective 14 November
1998, he was performing duty in support of a contingency operation;
that competent authority authorized deferral of his In-Place
Consecutive Overseas Tour (IPCOT) leave travel for an additional
year after duty ended, contingent upon his IPCOT leave travel being
completed by 14 November 1999; that a commercial travel office was
not available at Kadena AB, Japan, for him to have his tickets
issued and an American flag carrier was not available; and, that he
is entitled to reimbursement not to exceed $2,272.13.
JOE G.
LINEBERGER
Director
Air Force
Review Boards Agency
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