IN THE CASE OF:	

		BOARD DATE:	  20 October 2009

		DOCKET NUMBER:  AR20090005339 


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 reinstatement of consecutive overseas tour (COT) travel entitlement.

2.  The applicant states, in effect, that her orders showed she was approved for COT free home travel; however, based on her follow-on assignments to Kuwait and Iraq, there was no availability to take the entitlement due to the dependent restricted area and the operational tempo.  She claims that upon her return to Fort Riley, Kansas, she was instructed to wait until she reported to Fort Lee, Virginia, to obtain her COT travel entitlement; however, she was informed at Fort Lee that she had lost her entitlement.  She states that she would like her entitlement to be reinstated for her and her family.

3.  The applicant provides copies of permanent change of station (PCS) orders, PCS amendment orders, DA Form 4037 (Officer Record Brief), and U.S. Army Human Resources Command (USAHRC) assignment instructions.

CONSIDERATION OF EVIDENCE:

1.  The applicant arrived in Germany on or about 2 June 2003.

2.  On 25 October 2006, USAHRC issued assignment instructions for the applicant that reassigned her from the University of Maryland, Germany, to Kuwait in support of the Army Transition Team Mission in Kuwait/Iraq.  These instructions indicate that she would attend approximately 3 months of temporary duty (TDY) for training at Fort Riley, Kansas, prior to arriving in Kuwait.  These instructions further indicate that the applicant was authorized COT free home travel in conjunction with her COT and that the free home travel had to be taken within the 1-year period from the date the applicant reported to her new permanent duty station.

3.  On 3 January 2007, while the applicant was serving as a captain with duty assignment at the University of Maryland, Germany, Orders 003-143 were published directing her PCS to Kuwait.  Her report date was established as 20 June 2007.

4.  On 8 January 2007, Orders 008-141 were published amending 
Orders 003-143 to add the statement, "Officer is authorized COT free home travel in conjunction with COT under provisions of the Joint Federal Travel Regulation (JFTR), paragraph U7200, and Army Regulation 614-30 [Overseas Service], paragraph 4-1c."

5.  After completing her contingency operations assignment in support of Operation Iraqi Freedom, the applicant returned to Fort Riley, Kansas.  On 5 March 2008, Headquarters, 1st Infantry Division (Mechanized) and Fort Riley, Orders 065-254 were published directing her PCS to the Army Logistics Management Command, Fort Lee, with a reporting date of 30 September 2008.

6.  On 9 June 2009, in connection with the processing of this case, an advisory opinion was obtained from the Chief, Compensations and Entitlements Division, Office of the Deputy Chief of Staff, G-1, Headquarters, Department of the Army.  This official recommended that the Army Board for Correction of Military Records grant special authorization to allow the applicant to restore and keep her COT travel entitlement through 20 December 2009 if she has met the following criteria:

	a.  she served the full accompanied tour length in Germany (36 months) for her permanent assignment there with the University of Maryland; or 

	b.  she served the full unaccompanied tour length in Germany (36 months) for her permanent assignment there with the University of Maryland; and 

	c.  she served the full unaccompanied tour length for Kuwait (12 months) for her permanent assignment there when she was further sent TDY to support the Army Transition Team Mission in Iraq/Afghanistan.

7.  In the advisory opinion, the Compensations and Entitlements Division Chief states that per JFTR, paragraph U7200-B3, a member deployed in support of a contingency operation may defer his or her COT travel entitlement not more than 1 year after the contingency operation duty ends.  He states that per his review of the applicant's PCS orders to Kuwait with a report date of 20 June 2007 and a tour end date of on or about 20 June 2008, the applicant may defer her COT travel entitlement until 20 June 2009.  However, restoring her entitlement until 20 June 2009 does not afford her the opportunity to use the entitlement and, therefore, the Office of the Deputy Chief of Staff, G-1, supports an additional 6 months until 20 December 2009 to afford the applicant the opportunity to use her COT travel entitlement if she meets the stated criteria.

8.  On 10 June 2009, the advisory opinion was furnished to the applicant for information and to provide her the opportunity to provide comments.  To date there has been no response from the applicant regarding the advisory opinion.

9.  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/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.

10.  JFTR, paragraph U7200, provides guidance on leave between COTs.  Subparagraph U7200-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 1 year after the duty ends.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her COT free home travel entitlement should be extended based on her 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.  

3.  The applicant served a full tour in Germany and a full tour in Kuwait.  Therefore, it would be appropriate and serve the interest of justice and equity to grant the relief recommended in the Deputy Chief of Staff, G-1, advisory opinion by amending her PCS order to Fort Lee to authorize COT free home travel in conjunction with COT under the provisions of JFTR, paragraph U7200, and Army Regulation 614-30, paragraph 4-1c, for a period of not more than 18 months after her 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) and Fort Riley, Orders 065-254, dated 5 March 2008, which directed her PCS move to Fort Lee by adding the additional instruction:  "Officer is authorized COT free home travel entitlement in connection with COT under the provisions of JFTR, paragraph U7200, and Army Regulation 614-30, paragraph 4-1c.  This entitlement is extended for a period of not more than 18 months 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)                                         AR20090005339



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ABCMR Record of Proceedings (cont)                                         AR20090005339



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