IN THE CASE OF:	  

		BOARD DATE:	  28 April 2009

		DOCKET NUMBER:  AR20080015980 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reinstatement of Consecutive Overseas Tour (COT) travel entitlement.

2.  The applicant states, in effect, that his orders showed he was approved for COT free home travel; however, based on his follow-on assignments to Kuwait and Iraq, there was no availability to take the entitlement.  He claims that upon his return to Fort Riley, Kansas, he was instructed to wait until he reported to Fort Lee, Virginia, to obtain his COT travel entitlement; however, he was informed at Fort Lee that he had lost the entitlement.  He states that during his outprocessing from Germany, he was informed he could not take his COT entitlement from Germany and he was given 12 months to use the benefit for free home travel; however, both he and his spouse were deployed during the 12-month period and were unable to defer the entitlement.  He concludes by stating that he does not believe he should have lost this entitlement due to deployment.

3.  The applicant provides a request for orders and permanent change of station (PCS) orders in support of his application.  



CONSIDERATION OF EVIDENCE:

1.  On 25 October 2006, the U.S. Army Human Resources Command (USAHRC) issued assignment instructions on the applicant that reassigned him from Germany to Kuwait.  These instructions indicated that the applicant was 
authorized COT free home travel in conjunction with his COT.  The instructions further indicated that the free home travel had to be taken within the one year period from the date the applicant reported to his new permanent duty station.

2.  On 30 October 2006, while the applicant was serving as a captain with the 838th U.S. Army Transportation Battalion, Rhine River Detachment, Mannheim, Germany, 598th Personnel Service Center, Orders 303-02 were issued directing the applicant's PCS to Kuwait.  His report date was established as 20 June 2007. 

3.  After completing his contingency operations assignment in support of Operation Iraqi Freedom, the applicant returned to Fort Riley, and on
5 March 2008, Headquarters, 1st Infantry Division, Fort Riley Orders 065-253 were published directing his PCS to the Army Logistics Management Command, Fort Lee, with a reporting date of 30 September 2008.

4.  In connection with the processing of this case, on 2 February 2009, an advisory opinion was obtained from the Chief, Compensations and Entitlements Division, Office of the Deputy Chief of Staff, G-1.  This official recommended the applicant's PCS order to Fort Lee be amended to authorize COT free home travel in conjunction with COT under the provisions of Joint Federal Travel Regulations (JFTR), Paragraph U7200 and Army Regulation 614-30 (Overseas Service), paragraph 4-1c, for a period of not more than one year after the contingency operation duty ends.

5.  On 2 February 2009, the advisory opinion was furnished to the applicant for information and to provide him the opportunity to provide comments.  On the same day, the applicant concurred with the contents of the G-1 advisory opinion.

6.  Army Regulation 614-30 provides policy and guidance on eligibility and selection criteria for overseas service.  Chapter 4 contains the policy for COTs, low cost moves, and tours affected by families.  Paragraph 4-1c provides guidance on COT entitlements.  It states, in pertinent part, that Soldiers who apply for or have approved a COT/IPCOT [In-Place COT] are entitled to Government travel and transportation allowances in accordance with the JFTR, 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. 

7.  JFTR Paragraph U7200 provides guidance on leave between COTs.  Subparagraph B provides for an exception to time limits for contingency operations that became effective on 1 November 1995 and states, in pertinent part, that if unable to travel before completing the new tour because of duty in connection with a contingency operation, the member (and eligible family members) may defer travel until not more than one year after that duty ends. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his COT free home travel entitlement should have been extended based on his contingency operations assignment in support of Operation Iraqi Freedom was carefully considered and found to have merit.

2.  By regulation, if an eligible COT member is unable to travel before completing the new tour because of duty in a contingency operation, the member (and eligible family members) may defer COT free home travel entitlement for an additional year after that duty ends.  Therefore, it would be appropriate and serve the interest of justice and equity to grant the relief recommended in the G-1 advisory opinion by amending his PCS order to Fort Lee to authorize COT free home travel in conjunction with COT under the provisions of Joint Federal Travel Regulations (JFTR), Paragraph U7200 and Army Regulation 614-30 (Overseas Service), paragraph 4-1c, for a period of not more than one year after his contingency operation duty ended.

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by 
amending Headquarters, 1st Infantry Division (Mechanized), Fort Riley, Orders 065-253, dated 5 March 2008, which directed his PCS move to Fort Lee by adding the additional instruction:  "Officer is authorized consecutive overseas tour (COT) free home travel entitlement in conjunction with COT under the provisions of Joint Federal Travel Regulation (JFTR), Para U7200 and AR 614-30, para 4-1c.  This entitlement is extended for a period of not more than one year after the contingency operation duty ends."




      ________x______________
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080015980



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ABCMR Record of Proceedings (cont)                                         AR20080015980



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