RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:	BC-2014-04141 COUNSEL:	NONE
HEARING DESIRED:	YES

APPLICANT REQUESTS THAT:
His end of tour date in support of Operation ENDURING FREEDOM (OEF), under Title 10 U.S.C. § 12302, during the period of
14 Aug 13 through 26 May 14, be corrected to allow him the opportunity to utilize all earned leave associated with his tour.

APPLICANT CONTENDS THAT:
Due to the late submission of the Partial Mobilization 979 extension request, he lost 22 days of earned leave. He was not afforded the opportunity to have his pay records corrected to reflect the accurate pay, benefits, and entitlements he earned during his deployment

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

STATEMENT OF FACTS:
The applicant is currently serving as a member of the Air National Guard in the grade of master sergeant (E-7).

On 5 Apr 13, the applicant was ordered to active duty in support of OEF, for the period of 14 Aug 13 through 12 May 14. The end of tour date was subsequently changed to 26 May 14.

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. During the period of 14 Aug 13 through 26 May 14, the applicant earned 24 days of regular leave. Also, he was granted 14 days of post deployment stand- down time (PDSDT) based on his 286 days deployed time-in- theater. The Deliberate and Crisis Action Planning  and Execution Segments (DCAPES) records indicate the applicant’s OEF deployment ended on 19 Apr 14. However, the actual end date in accordance with the member-filed voucher was 25 Apr 14 and he arrived at his home station on 28 Apr 14. The time between the applicant’s arrival at his home station on 28 Apr 14 and the ending date of his OEF deployment orders on 26 May 14, is a total of 28 days.

As such, his orders only afforded him 28 days to use a cumulative total of 38.5 days earned leave (24.5 days regular leave and 14 days PDSDT). By updating the applicant’s end of tour date to reflect 6 Jun 14 instead of 26 May 14, he will receive compensation of military pay, points, and applicable benefits for an additional 10.5 days, which represents 38.5 cumulative leave days minus the 28 available leave 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 18 Sep 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 26 May 14, but continued to serve until 6 Jun 14, 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
26 May 2014, but continued to serve on extended active duty, in an ordinary leave status, until 6 June 2014.

The following members of the Board considered AFBCMR Docket Number BC-2014-04141 in Executive Session on 5 Nov 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 pertaining to AFBCMR  Docket Number BC-2014-04141 was considered:

Exhibit A.	DD Form 149, dated 3 Oct 14, w/atchs. Exhibit B.	Applicant's Master Personnel Records.
Exhibit C.	Memorandum, NGB/A1P, dated 17 Jun 15, w/atchs. Exhibit D.	Letter, SAF/MRBR, dated 18 Sep 15.