RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04133 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His end of tour date in support of Operation ENDURING FREEDOM (OEF), under Title 10 USC § 12302, during the period of 14 August 2013 through 23 May 2014, be corrected to allow him the opportunity to utilize all earned leave associated with his tour. APPLICANT CONTENDS THAT: On 10 October 2013, he deployed for a total of 190 days and earned 23.5 days of leave. He lost 11 days of earned leave because the Partial Mobilization extension request was submitted late. Because of discrepancies in the request HAF/A3XW returned the extension request to NGB/A3XW who sent it to the Logistics NCOIC asking for corrections to be made. Corrections were unable to be completed before the original Partial Mobilization order ended. The points earned during this deployment will impact his retirement and service credit. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant’s military personnel records indicate he served on active duty as a member of the Air National Guard (ANG) in the grade of senior airman (E-4) during the matter under review. On 7 August 2013, the applicant was ordered to active duty in support of OEF, for the period of 14 August 2013 through 12 May 2014. On 15 May 14, his orders were extended until 23 May 2014. The applicant’s military leave record reflects he earned 23.5 days of leave for this period of active duty. He used 21 days of leave and currently has a leave balance of 2.5 days. 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 Exhibits C. AIR FORCE EVALUATION: NGB/A1P recommends granting relief, indicating sufficient evidence has been presented to demonstrate the existence of error or injustice. The Deliberate and Crisis Action Planning and Execution Segments (DCAPES) records showed the applicant’s original deployment time-in-theater end date was 15 April 2014. However, the actual end date, in accordance with the member-filed travel voucher, was 17 April 2014. The member arrived at home station on 18 April 2014 according to the DCAPES record. The member’s leave should have been calculated from 14 August 2013 (the start of the order) to 2 May 2014, calculated as 16 days after date arrived at home station (14 Post Deployment Stand-Down Time (PDSDT), the maximum downtime in accordance with the AFSC PDSDT Policy, and two in-processing days). This totals 23.5 days of regular leave. The member’s 14 August 2013 to 23 May 2014 orders only afforded him 35 days to allow the two days of in- processing, to use PDSDT (14 days), which he took, and to execute his Regular (ordinary) Leave (23.5 days). The applicant would have required a total of 37.5 days to take all of his allowable leave. During the applicant’s orders for the period of 14 August 2013 through 23 May 2014 and per AFI 36-3003, Military Leave Program, he earned 23.5 days of Regular Leave, documented on the Defense Joint Military Pay System – Reserve Component record. Contact with the applicant’s commander confirmed the leave calculation was done prior to the amendment of the original order. Recommend changing the applicant’s activation order end date from 23 May 2014 to 26 May 2014 and correcting the applicant’s military records and compensation of military pay, points, and applicable benefits for 2.5 days (37.5 minus 35) of chargeable leave, by updating the end date of tour from 23 May 2014 to 26 May 2014. A complete copy of the NGB/A1PR evaluation is at Exhibit B. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 1 October 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. First, the Board acknowledged the applicant may have lost the opportunity to take leave immediately following his deployment. However, he has provided no evidence he lost any leave he accrued while deployed. Second, as multiple requests to extend mobilization orders were presented before this AFBCMR panel, the Board was able to identify discrepancies in the details presented by the OPR in its advisory that warrant independent judgment by the Board. In this respect, we believe the applicant’s official leave record for the period (23.5 days, with 21 taken) is better evidence of his accrued leave and the order end date that would have allowed the applicant to take all of his accrued leave. We believe correcting the record to extend his orders allows the applicant to receive compensation of military pay, points, and applicable benefits for the remaining 2.5 days of leave and provides the applicant full and fitting relief. We were also able to confirm the applicant does not have conflicting duty from 24-26 May 2014. 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. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. 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 relieved from mobilization under Title 10, United States Code, Section 12302 in support of Operation ENDURING FREEDOM on 23 May 2014, but continued to serve on active duty, in an ordinary leave status, through 26 May 2014. The following members of the Board considered AFBCMR Docket Number BC-2014-04133 in Executive Session on 12 January 2016, 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 3 Oct 14, w/atchs. Exhibit B. Memorandum, NGB/A1P, dated 17 Jun 15, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 1 Oct 15.