RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:			DOCKET NUMBER:  BC-2014-03981
		
   					COUNSEL:  NONE

					HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

The end date of his orders, which involuntarily mobilized him on 30 Dec 13 under Title 10 United States Code (USC) § 12302 in support of Operation ENDURING FREEDOM, be changed from 28 Jun 14 to 7 Jul 14.  


APPLICANT CONTENDS THAT:

After his deployment, he arrived back at home station seven days after his expected return date of 28 Jun 14. 

The applicant’s complete submission, with attachments, is at Exhibit A.


STATEMENT OF FACTS:

The applicant served in the grade of Master Sergeant in the Air National Guard (ANG) during the matter under review.  

Under Special Order R-E000035, dated 23 Aug 13, the applicant was mobilized in support of Operation ENDURING FREEDOM during the period 30 Dec 13 through 28 Jun 14.  

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 granting the applicant’s request, indicating there is evidence of an error or injustice.  Based upon the applicant’s TDY orders covering the period 30 Dec 13 through 28 Jun 14, he earned 16 days of regular leave and 14 days of Post-Deployment Stand-down Time (PDSDT) for a total of 30 days of leave.  However, the Deliberate and Crisis Action Planning (DCAPES) records show the applicant’s original deployment time-in-theater end date was to be 28 May 14.  Based upon the filed travel voucher, his actual end date was 30 May 24.  According to DCAPES, he arrived at his home station on 7 Jun 14.  The delay in traveling to his home station extended the period of the orders, so he earned an additional 1.5 days of regular leave, bringing his total earned leave to 31.5 days.  The applicant’s orders only afforded him a 21 day period during which to use the 31.5 days of total authorized leave.  Therefore, the member’s travel orders should be corrected by extending his end of tour date from 28 Jun 14 through 8 Jul 14 to authorize him the military pay, points, and applicable benefits he earned.  
 
A complete copy of the NGB/A1P evaluation, with attachments, is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 17 Aug 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 NGB/A1P and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  While NGB/A1P recommends the applicant’s records be corrected to reflect he was not released from active duty on 28 Jun 14, but continued to serve until 8 Jul 14, we believe it is appropriate to further correct the applicant’s records to reflect 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 he was not released from mobilization under Title 10, United States Code, Section 12302 in support of Operation ENDURING FREEDOM on 28 June 2014, but continued to serve on active duty in an ordinary leave status until 8 July 2014.


The following members of the Board considered AFBCMR Docket Number BC-2014-03981 in Executive Session on 6 Oct 15, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 9 Jul 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1P, dated 5 Aug 15, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 17 Aug 15.