RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02912 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His mobilization travel orders be extended from 17 Oct 13 to 29 Oct 13 to allow him to utilize his leave upon completion of mobilization in support of Operation ENDURING FREEDOM. Further, he should have earned 13 days of leave but is being advised he only earned 9 days. APPLICANT CONTENDS THAT: He was unable to take authorized leave during his mobilization due to the delays in the arrival of replacement personnel. His tour was scheduled to end on 17 October 2013; however; he was involuntarily extended in-theater, causing him to be unable to use his earned leave by the termination date of his orders. When his leave was calculated, it was erroneously based upon an additional eight days instead of his entitlement to an additional 12 days. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: During the matter under review, the applicant was serving in the Air National Guard in the grade of Staff Sergeant (E-5). According to documentation provided by the applicant, his name is listed on group special mission travel orders, in support of Operation ENDURING FREEDOM, from California, to Kuwait, and return to California, with a proceed date of on/about 11 Mar 13, for a period of 183 days. According to applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, he served for eight months and seven days in support of Operation ENDURING FREEDOM, in accordance with Title 10, USC Section 12302, from 11 Feb 13 to 17 Oct 13. In accordance with AFI 36-2619, Military Personnel Appropriation Manday Program, a military personnel appropriation (MPA) manday request typically includes mandays to cover pre-deployment training. The Air Expeditionary Force (AEF) rotation tour states that travel, downtime and leave elements are programmatically calculated by the Air Force-directed MPA manday data system at the time of an AEF tour input. The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C. AIR FORCE EVALUATION: NGB/A1P recommends approval. According to the applicant’s orders for the period of 11 Feb 13 through 17 Oct 13 and per AFI 36-3003, Military Leave Program, he earned 21 days of Regular Leave, documented on the Defense and Joint Military Pay System – Reserve Component record. He was granted 14 days of post- deployment stand-down time (PDSDT) based on his 183 days deployed time-in-theater, in accordance with Air Combat Command (ACC) Policy. The Deliberate and Crisis Action Planning and Execution System (DCAPES) records show that the applicant’s original deployment time-in-theater end date was 10 Sep 13. However, the actual end date, in accordance with the member- filed travel voucher, was 19 Sep 13 – an additional nine days. The applicant arrived at home station on 23 Sep 13, according to DCAPES. The delay in travel to the home station extended the period of days on orders for the applicant to receive an additional one and one half days of regular leave. The applicant’s 11 Feb 13 to 17 Oct 13 orders only afforded him 24 days to use PDSDT (14 days) and Regular Leave (22.5 days), a total of 26.5 days. A complete copy of the NGB/A1P evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 27 Jan 15 for review and comment within 30 days (Exhibit D). 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 an error or injustice. We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. While the Air Force OPR recommends the applicant’s records be corrected to reflect that he was not released from active duty on 17 Oct 13, but continued to serve until 29 Oct 13, we believe it is appropriate to further correct the applicant’s records to reflect that said period was classified as ordinary leave to ensure the applicant is actually charged for the leave and preclude the possibility of an unearned windfall. Therefore, we recommend the applicant's records be corrected as indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he was not released from mobilization under Title 10, United States Code, Section 12302 in support of Operation ENDURING FREEDOM on 17 October 2013, but continued to serve on extended active duty, in an ordinary leave status, until 29 October 2013. The following members of the Board considered AFBCMR Docket Number BC-2014-02912 in Executive Session on 16 Apr 15, under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02912 was considered: Exhibit A. DD Form 149, dated 24 Jul 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, NGB/A1P, dated 17Dec 14. Exhibit D. Letter, SAF/MRBR, dated 27 Jan 15.