RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04137 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His active duty orders be extended 23 days. APPLICANT CONTENDS THAT: He deployed for a total of 192 days and earned 25 days of leave. He lost 23 days of leave because a Partial Mobilization (PM) extension request was delayed. This caused him to lose pay, benefits and entitlements. Despite giving the National Guard Bureau (NGB) Functional Area Manager (FAM) and his unit four months to request an extension, it was not completed before his original PM orders ended. Additionally, his replacement arrived in theater later than scheduled causing him to delay his departure date. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is currently serving in the Air National Guard (ANG) in the grade of first lieutenant (O-2). According to the NGB Order Number 15M34N, dated 12 May 2014, the applicant’s PM order in support of Operating ENDURING FREEDOM from 24 August 2013 to 12 May 2014 under 10 U.S.C. § 12301 and 12302 was amended to reflect an end date of 26 May 2014. It also reflects the applicant was on orders from 4 August 2013 to 23 August 2013 for school attendance. The applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, reflects he entered this period of active duty on 24 August 2013 and was honorably released from active duty on 26 May 2014 with a narrative reason for separation of “Release due to demobilization.” Item 18, Remarks, states “Member on AD in support of contingency: 13223D - Operation ENDURING FREEDOM in accordance with Title 10, USC 12302 & AFI 10-402 from 24 August 2013 to 26 May 2014.” The applicant did not perform other military duty during the period for which he requests correction of his records. The applicant’s military leave record reflects he earned 25 days of leave for this period of active duty. He used 13 days of leave and currently has a leave balance of 12 days. According to AFI 36-3003 Military Leave Program, para 4.4.1, Members accrue 2.5 days leave for each month of active duty. 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 the applicant’s mobilization tour order end date be extended from 26 May 2014 to 5 June 2014. This will correct his military records and allow compensation of military pay, points, and applicable benefits for 10 days (38 minus 28) of chargeable leave. During the applicant’s orders for the period of 14 August 2013 through 26 May 2014 and per AFI 36-3003, he earned 25 days of Regular Leave, documented on the Defense Joint Military Pay System – Reserve Component record. The applicant’s unit stated the number of lost leave days were calculated prior to the original deployment order being amended to end on 26 May 2014. The unit clarified that the applicant is requesting his mobilization order end date be amended to allow him to take any accrued leave not accounted for in the unit’s calculation. The applicant’s 14 [sic] August 2013 to 23 [sic] May 2014 orders only afforded him 28 days to allow use of PDSDT (14 days), which he took, and to execute his Regular (ordinary) Leave (24 days). The applicant would have required a total of 38 days to take all of his allowable leave. 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 August 2015 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 to warrant partial relief. While the Air Force OPR recommends the applicant’s orders be extended from 26 May 2014 to 5 June 2014, for a total of 10 days, we disagree. In this respect, it appears some of the dates and calculations in the NGB advisory opinion are inconsistent with the facts in this case. As a result, we believe the applicant’s official leave record for the period (25 days, with 13 taken) is better evidence of the order end date that would have allowed the applicant to take all of his accrued leave. We believe correcting the record in this matter allows the applicant to receive compensation of military pay, points, and applicable benefits for the remaining 12 days of leave and provides the applicant full and fitting relief. We also 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 released from mobilization under Title 10, United States Code, Section 12302 in support of Operation ENDURING FREEDOM on 26 May 2014, but continued to serve on active duty, in an ordinary leave status, through 7 June 2014. The following members of the Board considered AFBCMR Docket Number BC-2014-04137 in Executive Session on 1 October 2015 under the provisions of AFI 36-2603: , Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence in AFBCMR Docket Number BC-2014- 04137 was considered: Exhibit A. DD Form 149, dated 3 October 2014, w/atchs. Exhibit B. Applicant’s Master Personnel Records Exhibit C. Memorandum, NGB/A1P, dated 17 June 2015, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 17 August 2015.