RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02981 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her end of tour date in support of Operation ENDURING FREEDOM (OEF) under 10 U.S.C. § 12302, be extended to allow her the opportunity to utilize 12 days of earned leave associated with her tour. APPLICANT CONTENDS THAT: Her original Military Personnel Appropriation (MPA) orders were for 249 days. However, due to delays in getting relieved by the incoming unit, she was unable to take the leave she earned. NGB/A3 calculated that she would receive 8 days of leave instead of the 12 she earned. In support of her request, the applicant provides copies of a travel voucher, orders, leave information and an Exception to Policy letter, undated, which reflects the applicant was mobilized from 11 February to 17 October 2013. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is currently in the Air National Guard (ANG) in the grade of Senior Airman (SrA, E-4). According to NGB Order Number 159VM2 dated 29 November 2012, the applicant was on Partial Mobilization (PM) orders in support of Operation ENDURING FREEDOM from 11 February 2013 to 17 October 2013 under 10 U.S.C. § 12301 and 12302. In accordance with AFI 36-2619, Military Personnel Appropriation Manday Program, a 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, which is included at Exhibit B. AIR FORCE EVALUATION: NGB/A1P recommends approval. The applicant’s records should be corrected for compensation of military pay, points and applicable benefits for 13.5 days (37.5 minus 24) of chargeable leave by updating the end date of her tour from 17 October to 31 October 2013. During the applicant’s orders for the period of 20 March 2012 to 25 April 2012 she earned 3 days of Regular Leave. During her orders for the period of 11 February 2013 through 17 October 2013, she earned 21 days of Regular Leave. The Deliberate and Crisis Action Planning and Execution Segments (DCAPES) records showed the applicant’s original deployment time-in-theater end date was 23 September 2013. However, the actual end date, IAW the applicant’s travel voucher, was 19 September 2013. The applicant arrived at home station on 23 September 2013 IAW the DCAPES record. The applicant’s leave should have been calculated from 11 February 2013 (the start of the order) to 7 October 2013, calculated as 16 days after date arrived at home station (14 PDSDT, the maximum downtime in accordance with the PDSDT Policy, and two in-processing days). This totals 20.5 days of regular leave. The applicant’s 11 February 2013 to 17 October 2013 orders only afforded her 24 days to allow the two days of in-processing, to use PDSDT (14 days), which she took, and to execute her Regular (ordinary) Leave (23.5 days). The applicant would have required a total of 37.5 days to take all of her allowable leave. The applicant’s leave should have been calculated from 11 February 2013 (the start of the order) to 7 October 2013, (calculated as 16 days after date arrived at home station), 14 days post-deployment down-time, and 2 in-processing days for a total of 20.5 days of regular leave. Her 11 February to 17 October 2013 orders afforded her 24 days which she took, and to execute the regular (ordinary) leave (23.5 days), she would have required a total of 37.5 days to take all of her allowable leave. A complete copy of the NGB/A1P evaluation, with attachments, is at Exhibit B. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 17 August 2015 for review and comment within 30 days (Exhibit C). 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 her records be corrected to reflect that she was not released from active duty on 17 October 2013, but continued to serve until 31 October 2013, 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 she 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 31 October 2013. The following members of the Board considered AFBCMR Docket Number BC-2014-02981 in Executive Session on 3 September 2015 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02981 was considered: Exhibit A. DD Form 149, dated 8 June 2014, w/atchs. Exhibit B. Memorandum, NGB/A1P, dated 17 June 2014. Exhibit C. Letter, SAF/MRBR, dated 17 August 2015, w/atchs.