RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03786
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His expired consecutive overseas tour (COT) leave be reinstated.
________________________________________________________________
APPLICANT CONTENDS THAT:
Due to a variety of reasons beyond his control he was unable to
use his COT leave. First, due to a shortage of manpower, his
commander would not allow him to take the COT leave prior to his
permanent change of station (PCS). Further, his family could
not take any COT leave prior to his PCS because the Passport
Office lost their passports and their visas expired. His wife
became ill soon after his PCS requiring extensive medical care.
He has since received notification of another overseas
assignment. He left the Continental United States (CONUS) in
Jul 08 and has since been unable to use any of the COT leave he
has earned.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application are described
in the letter prepared by the Air Force office of primary
responsibility (OPR) which is included at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AF/A1PA recommends denial, indicating there is no evidence of an
error or injustice. On 26 Aug 11, the applicants assignment to
Royal Air Force (RAF) Upwood was followed by a COT to Incirlik
AB, Turkey. This COT authorized the applicant, his spouse and
child a COT leave entitlement. On 15 Jun 11, prior to his PCS
to Incirlik, the applicant officially deferred his COT leave
entitlement. Based on the deferred COT leave travel, the
applicant had until the end of his tour at Incirlik AB to use
the entitlement. On 31 Aug 12, he was reassigned via PCS to
Kunsan AB, Republic of Korea and the COT leave entitlement
expired. AFI 36-3003, Military Leave, Paragraph 14.2., states
Deferred COT refers to members unable to use the COT leave
travel and transportation allowances between the two tours
because of military necessity, or when deferred by the member
when relocating within the same geographical/command area; and,
Paragraph 14.4.2., states When a member arrives at the new duty
station, PCS orders should show member authorized deferred COT
(which the applicants did). Members have until the end of
their new tour to use the COT leave travel and transportation
allowances. Otherwise the allowance expires. Based on the
deferred COT leave travel, the applicant had until the end of
his tour at Incirlik AB on 31 Aug 12 to use the entitlement.
AFI 36-3003, Paragraph 14.4.3., states there is only one
exception to the end of tour limitation, Members unable to use
COT before completing the new tour due to duty in connection
with contingency operations may defer travel until not more than
1-year after the completion of the duties precluding travel.
Family medical conditions are not a basis on which the COT leave
can be extended beyond the end of the second COT. Since there
is no supporting documentation showing the applicant
participated in a contingency operation (the only exception
permitted), there is no authority for approval. There is no
error or injustice in this case.
A complete copy of the AF/A1PA evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant submitted numerous e-mails related to the
mishandling of his familys passports and the expiration of
their visas. In addition, he submitted a letter from the
Military Personnel Section Superintendent verifying the problems
the applicant faced with his familys passports and visas
(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. Insufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicant's complete submission, including his response
to the Air Force advisory, in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air
Force office of primary responsibility and adopt its rationale
as the basis for our conclusion the applicant has not been the
victim of an error or injustice. While the applicant contends
that a variety of circumstances precluded him from taking his
COT leave, the only basis upon which COT leave can be extended
beyond the end of the second overseas tour is due to a member
participating in a contingency operation. However, while it
appears the applicants personal circumstances may have
contributed to his inability to take full advantage of his COT
entitlement, he has provided no evidence to indicate his loss of
COT leave was due to his participation in a contingency
operation or that he has been treated differently than others
similarly situated. Therefore, in the absence of evidence to
the contrary, we find no basis to recommend granting the relief
sought in this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and the
application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-03786 in Executive Session on 2 Apr 13, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Aug 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AF/A1PA, dated 24 Oct 12.
Exhibit D. Letter, SAF/MRBR, dated 6 Nov 12.
Exhibit E. Letter, 100 FSS/FSMP-1, dated 22 Jan 13.
Panel Chair
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