RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04498 XXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NOT INDICATED APPLICANT REQUESTS THAT: The end of tour date to Special Order R-C000034, be changed from 12 May 2014 to 28 May 2014. APPLICANT CONTENDS THAT: He was involuntarily activated in support of Operation Enduring Freedom. He was not afforded the opportunity to take his earned leave so 16 days of leave were forfeited. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is currently serving as a member of the Tennessee Air National Guard in the grade of master sergeant (E-7). On 4 May 2013, Special Order R-C000034, issued by the Tennessee Air National Guard recalled the applicant to active duty in accordance with Title 10 United States Code, Section 12302, Ready Reserve, for the period 14 August 2013 to 12 May 2014. According to the applicant’s DD Form 214, Certificate of Release and Discharge from Active Duty, dated 17 October 2014, he was demobilized on 12 May 2014. He was credited with 8 months and 29 days of active service. The applicant’s June 2014, Defense Finance and Accounting Service Military Leave Earnings Statement (LES) reflects his current leave balance as 22.5 days. According to the applicant’s Point Credit Accounting and Reporting System printout dated 1 April 2016, he did not perform active duty during the period of 13-27 May 2014. 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 E. AIR FORCE EVALUATION: NGB/A1P recommends the applicant’s activation order end date be changed from 12 May 2014 to 28 May 2014. This change will correct the applicant’s military personnel records and compensation of military pay, points, and applicable benefits for 15.5 days (38.5 minus 23) of chargeable leave. The applicant’s unit authorized and scheduled his in-processing over a two day period in accordance with AFI 10-403, Deployment Planning and Execution, 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.” Though AFI 36-2619, Military Personnel Appropriation Manday Program, dated 18 July 2014, 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 July 1994, nor the Air Force Space Command (AFSC) Post Deployment Stand Down Time (PDSDT) address in-processing. A complete copy of the NGB/A1P evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 17 August 2015, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. ADDITIONAL AIR FORCE EVALUATION: NGB/A1PR previously recommended correcting the applicant’s activation order and military records and compensation for 15.5 days of earned leave. However, in review of the recommendation it was discovered that the 2 days of in- processing was erroneously included in the original calculation. In accordance with the Air Force Space Command (AFSC) Post Deployment Stand Down Time (PDSDT) Policy and the Military Personnel Appropriation Man-day Policy Update memorandum, 2 days of in-processing is only included if reconstitution time is not authorized. As a result the previous recommendation was rescinded. The applicant was originally placed on an activation period of 14 August 2013 through 12 May 2014. This period included 2 days of out-processing, 5 days of travel to the area of responsibility, an estimated tour length of 183 days of deployed time-in-theater, 14 days of PDSDT in accordance with AFSC Policy and 22.5 of accrued leave in accordance with AFI 36-3003, Military Leave Program. The 22.5 days of accrued leave is documented on the Defense Joint Military Pay System – Reserve Component record. Deliberate and Crisis Action Planning and Execution Segments (DCAPES) records show the applicant’s original deployment time- in-theater end date was 14 April 2014. However, the actual end date, in accordance with the applicant’s filed travel voucher, is 18 April 2014. DCAPES records also indicate the applicant arrived at home station on 19 April 2014. The delay in travel to the home station extended the period of days on orders for the applicant to receive an additional 1.5 days of accrued leave, increasing the earned leave to 24 days. However, the applicant’s 14 August 2013 to 12 May 2014 orders only afforded him 23 days to use only PDSDT (14 days) and accrued leave (24 days), a total 38 days. NGB/A1PR now recommends the applicant’s activation order end date be changed from 12 May 2014 to 27 May 2014, for military pay, points, and applicable benefits for 15.5 days (38 minus 23) of chargeable leave. In accordance with the 2014 pay calendar, the applicant did not perform active duty service during the recommended extended activation period. A complete copy of the NGB/A1P evaluation, with attachments, is at Exhibit E. APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: On 29 October 2015, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit F). 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. Having carefully reviewed this application, we agree with some of the recommendation of the Air Force OPR and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. While the Air Force OPR recommends the applicant’s records be corrected to reflect that he was not released from active duty on 12 May 2014, but continued to serve until 27 May 2014, we believe the applicant’s request for 28 May 2014 is correct. As multiple order extension cases were presented to the BCMR, the Board was able to identify discrepancies in details presented by the OPR in its advisory that warrant independent judgment by the Board. In that regard, we note the OPR in its second advisory excluded in-processing days from its calculations where downtime was granted, in accordance with an AFI provision published after the member had completed his orders. As the original advisory pointed out, the previous version of AFI 36-2619 did not address this issue, and the AFSPC PDSDT policy in effect at the time specifically stated that members must complete in-processing prior to PDSDT. As such, we believe the inclusion of these days, as the board did in similar cases of members who returned prior to the change in standard, is appropriate. When we calculate the order end date from the date arrived station (19 April 2014) plus 16 days (2 in-processing and 14 PDSDT days taken) and 22.5 days of leave, we arrive at 28 May 2014 as the date necessary to take all of his accrued leave. 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 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, Ready Reserve, in support of Operation ENDURING FREEDOM on 12 May 2014, but continued to serve on active duty, in an ordinary leave status, until 28 May 2014. The following members of the Board considered this application in Executive Session on 3 December 2015, under the provisions of AFI 36-2603: , Panel Chair , Member , Member Due to the unavailability of -------, -------- will sign as Acting Panel Chair. All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-04498 was considered: Exhibit A. DD Form 149, dated 9 September 2014, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, NGB/A1P, dated 17 June 2015. Exhibit D. Letter, SAF/MRBR, dated 17 August 2015. Exhibit E. Memorandum, NGB/A1PR, dated 29 October 2015. Exhibit F. Letter, SAF/MRBR, dated 29 October 2015.