RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:	BC-2014-04492 COUNSEL:	NONE
HEARING DESIRED:	YES

APPLICANT REQUESTS THAT:
His	mobilization	travel	orders	be	extended	from	12	May	14	to
28 May 14.

APPLICANT CONTENDS THAT:
He was delayed in returning from a deployment due to his replacement not arriving in a timely manner and delays  in obtaining transportation. A request to have his mobilization end date extended was submitted; however, due to unknown reasons, the request was not processed before the end date of his orders. As a result of the delays, he was forced to forfeit 16 days of leave.

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).

Special Order R-000022, recalled the applicant to active duty in accordance with 10 U.S. Code 12302, for period of 14 Aug 13 to
12 May 14.
According to documentation provided by the applicant, his name is listed on group special mission travel orders, in support of an unnamed operation, from Tennessee, to Qatar, and return to Tennessee, with a proceed date on/about 10 Oct 13, for a period of
200 days.
AFI 36-3003, Military Leave Program, Figures 1-2 instruct on calculation of leave.

According to the Point Credit Accounting and Reporting System, the applicant had no conflicting duty during the period he is requesting the extension of his orders [12 May 14 to 28 May 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 relief, indicating there is evidence of an error or injustice. The applicant’s unit was contacted to determine how his requested order end date was calculated. The unit authorized and scheduled the applicant’s in-processing over a two day period, in accordance with AFI 10-403, Deployment Planning and Execution, dated 20 Sep 12, which states “redeployers are to be in-processed within 2-duty days of R-day so that redeployers can begin personnel recovery (post deployment downtime and leave) as soon as possible.” Although AFI 36-2619, Military Personnel Appropriation Manday Program, dated 18 Jul 14, states members are not allowed in-processing time if authorized downtime, the applicant’s deployment ended prior to the effective date of the instruction. Neither the previous AFI 36-2619, dated 22 Jul 94, nor the Air Force Space Command (AFSC) Post Deployment Stand-Down Time (PDSDT) policy address in-processing.

In accordance with AFI 36-3003, Military Leave Program, the applicant earned 22.5 days of Regular Leave for the order period
14 Aug 13 through 12 May 14, as documented on the Defense Joint Military Pay System – Reserve Component record. According to the Deliberate and Crisis Action Planning and Execution Segments (DCAPES) records, he arrived at home station on 19 Apr 14. The applicant’s leave should have been calculated from 14 Aug 13 (the start of the order) to 5 May 14, calculated as 16 days after date arrived at home station. This accounts for 14 days PDSDT, the maximum downtime in accordance with the AFSC PDSDT Policy, and 2 in-processing days. This totals 22.5 days of regular leave.

The applicant would have required 38.5 days to take all of his allowable leave; however, his orders ending 12 May 14 only afforded him 23 days to allow for 2 days of in-processing, 14 days PDSDT, which he took, and 22.5 days of regular leave.

It is recommended to approve the member’s request to change his activation order end date from 12 May 14 to 28 May 14, to include his military personnel records and compensation of military pay, points, and applicable benefits for 15.5 days (38.5 minus 23) of chargeable leave.

A complete copy of the NGB/A1P evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air National Guard (ANG) evaluation was forwarded to the applicant on 15 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. The ANG OPR recommends the applicant’s records be corrected to reflect that he was not released from active duty on 12 May 14, but continued to serve until 28 May 14. We note the applicant provided a Leave and Earnings statement that reflects 22.5 days in his leave balance. As such, we believe the appropriate end date of 28 May 14 would have permitted him to take all of his accrued leave. Accordingly, 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 entitlement. 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
12 May 2014, but continued to serve on active duty, in an ordinary leave status, through 28 May 2014.

The following members of the Board considered AFBCMR Docket Number BC-2014-04492 in Executive Session on 22 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 pertaining to AFBCMR Docket Number BC-2014-04492 was considered:

Exhibit A. DD Form 149, dated 4 Jul 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, NGB/A1P, dated 17 Jun 15. Exhibit D.  Letter, SAF/MRBR, dated 15 Sep 15.