RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 JULY 2006
      DOCKET NUMBER:  AR20060004225


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Rene' R. Parker               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Carmen Duncan                 |     |Member               |
|     |Ms. Jeanette McCants              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests his period of Foreign Service Tour Extensions
(FSTE) from 10 April 2002 to 31 July 2004 be combined and considered as an
In Place Consecutive Overseas Tour (IPCOT).  He further requests that he be
awarded IPCOT credit and travel benefits or equal monetary compensation for
himself and his family members.

2.  The applicant states his original request for extension was about to be
disapproved when his command decided to compromise with his branch manager
at Human Resource Command (HRC) and approve a one year extension.

3.  The applicant provides three EA Forms 641-E (Request for Change of
Foreign Service Tour), e-mail, and three memorandums.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he arrived in Korea on 12 April 1999.  His
original date eligible for return from overseas (DEROS) was listed as
          10 April 2002.  The applicant’s branch of service is listed as
Adjutant General and his duty titles included but not limited too Chief,
Strength Action Branch; Chief, Military Personnel Operations (MILPO); and
Chief, Personnel Actions.  The applicant is currently still assigned in the
Republic of Korea under the Assignment Incentive Pay Program with a new
DEROS of 31 July 2006.

2.  The EA Form 641-E, dated 7 December 2001, shows the applicant requested
an FSTE of 27 months with a new DEROS of 20 July 2004.  The Command
recommended approval; however, an e-mail from HRC indicates that a
compromise of the 27-month extension was reached for 13 months instead.
The applicant's new DEROS was established as 31 May 2003 by Department of
the Army (DA) message dated 28 February 2002.

3.  The EA Form 641-E, dated 4 March 2003, shows the applicant requested a
  2-month FSTE to allow his children to finish the school year and to
establish an overlap with his replacement.  His command and 8th Personnel
Command recommended approval of his request.  The applicant's new DEROS was
subsequently adjusted as 31 July 2003 by DA message dated 24 March 2003.

4.  The EA Form 641-E, dated 30 April 2003, shows the applicant requested a
    12-month FSTE to fill a critical position slated with no backfill.  His
command and 8th Personnel Command again recommended approval of his
request.  The applicant's new DEROS was reestablished as 31 July 2004 by DA
message dated 28 May 2003.

5.  In the processing of this case, an advisory opinion was obtained from
the Assignment Officer, Adjutant General Warrant Officers Branch, HRC.
That office cited the Joint Federal Travel Regulation, Army Regulation 614-
30, and Department of the Army Message dated 26 February 1999 and opined
that "serving in a position for two years and then permanent Change of
Station (PCS) within the same theater and serving an additional two years
for a total of 48 months (In most cases the equivalent of 2 all-others
tours) does not meet the parameters of the COT (Consecutive Overseas Tour)
Home Travel Program as defined."

6.  The advisory opinion was forwarded to the applicant for his
acknowledgement and or rebuttal and on 24 May 2006, the applicant submitted
his comments.  The applicant stated that he disagrees with the advisory
opinion rendered by his branch.  He listed the dates of his initial command
sponsored tour as from
10 April 2000 to 10 April 2002 and his approved FSTEs and argues that
considering the fact HRC approved an additional 12-month extension the very
next year, he would have received the COT leave benefits without the need
of his application to the Board.

7.  The Joint Federal Travel Regulation, Chapter 7, paragraph U7200,
provides guidelines for leave, travel, and transportation effective for COT
travel.  The regulation states, in pertinent part, that eligible members
and their eligible dependents are authorized travel and transportation
allowances for COT leave travel between authorized locations.  Eligible
member is defined as a member stationed OCONUS who is ordered to a
consecutive tour of duty at the same (old) permanent duty station (PDS) or
make a PCS between OCONUS PDS to serve the prescribed tour at the new PDS
and either one of the tours is unaccompanied or both tours are accompanied.
 The total time to be served at the PDSs at least equals the sum of the
unaccompanied tour lengths for the PDSs.  Eligible dependent is one who is
command sponsored for both tours and accompanied the member during both
tours.

8.  Army Regulation 614-30 (Overseas Service) states that unless determined
to be immediately available for reassignment, Soldiers who complete their
initial tours, plus any voluntary extensions, will be encouraged to remain
at their same permanent duty stations for an IPCOT, that is, on a second
complete prescribed tour.  Soldiers who have approved COT/IPCOT are
entitled to government travel and transportation allowances in accordance
with Joint Federal Travel Regulations, paragraph U7200.  Entitlements are
for Soldiers and their command-sponsored family members who are authorized
to and do accompany Soldiers on PCS to their next COT duty station.
Soldiers and their dependents that will serve an IPCOT are also eligible
for these entitlements.  Leave taken in conjunction with the COT/IPCOT is
chargeable.  Leave normally occurs between the OCONUS tours in conjunction
with PCS travel, if any, unless deferred in accordance with AR 600-8-10.

9.  Additionally, the above regulation states to be eligible for a COT,
Soldiers     (1) Must not be in receipt of assignment instructions; (2) Can
be properly utilized according to AR 614-30 and AR 614-200 in authorized
modification table of organization and equipment (MTOE)/table of
distribution and allowances (TDA)/directed military overstrength (DMO)
positions; (3) Will have completed their current prescribed tours plus any
voluntary extensions, and agree to serve another full tour, plus COT leave
and travel time; and (4) Will have sufficient remaining obligated service
to serve another full tour at the current or new PDS, plus COT leave and
travel time.

10.  Appendix B, of the same regulation gives length of "with dependents"
tour and length of "all-others" tour by country.  The regulation shows a
tour length of 24 months for a "with dependents" tour in Korea and 12
months for "all others."

11.  Department of the Army Message, dated 26 February 1999, Subject:
Consecutive Overseas Tour and In-Place Consecutive Overseas Tour Travel
Update, states, in pertinent part, that Soldiers who enter into an
agreement to serve a COT or an IPCOT are authorized government funded round-
trip transportation not to exceed the cost of travel to their home of
record.  COT travel should occur between the OCONUS tours in conjunction
with PCS travel, if any.  The authorization is for the Soldier and the
command sponsored dependents and is used in conjunction with the chargeable
leave program.

DISCUSSION AND CONCLUSIONS:

1.  It appears that the applicant completed a one year "all-others" tour in
Korea prior to becoming command sponsored in April 2000.  Evidence of
record verifies that the applicant served over 60 months in the Republic of
Korea with over 48 of those months being command sponsored.  The
regulation, as cited above, confirms that a "with dependents" tour in Korea
is 24 months.

2.  The records show that the applicant tried to extend for 27 months but,
was required by HRC to "compromise" his initial request and extend for 13
months.  The applicant accepted this compromise knowing as an AG MILPO
Chief, the ramifications of his actions.  The fact that his branch approved
two subsequent extensions, 2 months and 12 months, which equals his initial
request for 27 months, does not justify approval of his request to receive
IPCOT credit and be awarded travel benefits.  The applicant had the option
to accept the extension without IPCOT entitlements or to depart Korea on
his original DEROS.

3.  This Board agrees with the advisory opinion rendered by the Warrant
Officers’ Branch, HRC, that serving an additional two years through FSTEs
does not meet the parameters of the IPCOT Home Travel Program as defined by
the regulation and DA message.  The applicant did not enter into an
agreement to serve on an IPCOT and therefore, is not authorized government
funded round-trip transportation.

4.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JS___  ___CD __  ___JM __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                  ______ John Slone__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004225                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060711                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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