RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-05087 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His active duty orders be extended from 5 – 19 Feb 14 and he be credited with all active duty pay, benefits and entitlements. APPLICANT CONTENDS THAT: The applicant was one of several Reserve members who upon return from a deployment, an error occurred in processing extensions for orders; he and other members did not get there orders extended like other deploying personnel due to this administrative error. Because his orders were not extended, he was not granted entitlements to all pays owed to include lodging and per diem, Transition Assistance Management Program (TAMP), Tricare benefits and a correct DD Form 214 for military service. When the error was identified it became a policy violation per the Air Force Reserve Command (AFRC). This is not due to any fault of his; however, it has caused him a hardship. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant, an Air Force Reserve member, was recalled to Extended Active Duty (EAD) on Partial Mobilization (PM) orders, AF Form 938, Request and Authorization for Active Duty Training/Active Duty Tour, Reserve Order Number A5GBE3, dated 12 Mar 13, IAW Title 10 USC Section 12302, in support of Operation ENDURING FREEDOM, from 31 Aug 13 to 4 Feb 14 for a period of 158 days. Based on information provided by the applicant, his Travel Voucher Summary, reflects the applicant proceeded to the Area of Responsibility (AOR) on or about (o/a) 5 Sep 13 and left o/a 20 Jan 14 and arrived back at Patrick AFB, FL on 23 Jan 14. The applicant EAD orders ended on 4 Feb 14, 12 days after he arrived on station. AIR FORCE EVALUATION: AFRC/A1R recommends approval; A1R notes Bottom Line Up Front (BLUF) that it was through no fault of the applicant that his request to extend his orders was not approved. The applicant was mobilized and deployed in support of ongoing operations. Unfortunately, due circumstances beyond his control, the mobilization authority in which he was activated expired prior to his orders being extended. This left the applicant in a hardship situation, and unable to complete final travel vouchers or receive pay and allowance for the additional days warranted for this activation. The complete A1R 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 6 Mar 15 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: SAF/MRM recommends approval, indicating that based on the requests submitted by the applicant, the leave was lost through no fault of the applicant. MRM opines the applicant should receive the leave time earned; however, MRM questions the number of days being requested and indicates the number of days may be off by one day. MRM notes the requests originated from a memo signed by SAF/MR on 19 DEC 13. The SAF/MR granted an Exception to Policy (ETP) allowing Air Reserve Component (ARC) members a Military Personnel Appropriation (MPA) tour to exercise the leave days they were unable to use due to a delay in return from the USAFCENT AOR. The affected members were required to provide justification and all appropriate documentation, to include a completed travel voucher, mobilization and CED orders so as to justify the number of leave days requested. The ETP was necessary because the policy in effect at the time did not allow additional tours or extensions for the purpose of creating leave. However, the ETP expired 30 MAR 14, which is several months prior to the requests made by the ten members. Thus, their only avenue of redress is to request a correction through the Board. A complete copy of the MRM evaluation is at Exhibit E. AFRC/A1R again recommends approval indicating this situation occurred due to personnel not leaving the deployed location when originally scheduled. The majority of these delays were attributed to transportation delays. A1R notes the applicant should be awarded 14 days of [Post Deployment Stand-Down Time] (PDSDT) and 14 days of leave. A complete copy of the MRM evaluation, with attachments, is at Exhibit F. APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 11 Feb 16 for review and comment within 30 days (Exhibit G). 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. The Air Force Reserve Command Office of Primary Responsibility has noted that due to no fault of the applicant, and because of processing times being problematic in getting orders extended, they recommend relief be granted. During the course of the deployment, while we were not able to confirm the number of days of leave the applicant accrued; A1R determined that he should have accrued 14 days regular leave, and would have been allowed 14 days of PDSDT upon returning home, for a total of 28 days. The period following his return home (23 Jan 14) and the end of the mobilization order was only 12 days. Similar cases indicate that if the orders had been extended the applicant would have received 14 days for PDSDT, in accordance with MAJCOM policy, and time to take his accrued leave, which the preponderance of the evidence indicates is 14 days. The evidence also indicates he arrived on station on 23 Jan 14 and stayed on duty through 4 Feb 14. Therefore, we find the applicant should have 16 days added to the end of the mobilization order, resulting in a new end date of 20 Feb 14 [not 19 Feb 14, as requested]. In addition, we note the PCARS record identifies the applicant has not performed conflicting active duty during the extension period and DFAS has substantiated no pay or entitlements have been paid to the applicant. Accordingly, 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 16 days of active duty and provides the applicant full and fitting relief. We also believe it is appropriate to further correct the applicant’s records to reflect that 7-20 February 2014 was classified as ordinary leave to ensure the applicant is actually charged for 14 days of leave and preclude the possibility of an unearned windfall. In that regard, we note the applicant’s travel voucher includes a remark that the member was on leave 23 Jan – 4 Feb 14. The corrected record should reflect the member was not in a leave status on those days, but rather was in an ordinary leave status for the last 14 days of this order. In view of the above, we recommend the applicant's records be corrected as indicated below. 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 4 February 2014, but continued to serve on active duty through 20 February 2014 and was in an ordinary leave status from 7 February 2014 through 20 February 2014. The following members of the Board considered AFBCMR Docket Number BC-2014-05087 in Executive Session on 30 Jul 15 and 17 Mar 16 under the provisions of AFI 36-2603: , Panel Chair , Member , Member Although Mr. Mehrman chaired the panel, in view of his unavailability, -------- has signed as Acting Panel Chair. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 15 Sep 14, w/atchs. Exhibit B. Pertinent Excerpts from Personnel Records. Exhibit C. Letter, AFRC/A1R, dated 26 Nov 14. Exhibit D. Letter, SAF/MRBR, dated 6 Mar 15. Exhibit E. Letter, SAF/MRM, dated 22 Sep 15, w/atchs. Exhibit F. Letter, AFRC/A1R, dated 10 Feb 16. Exhibit G. Letter, AFBCMR, dated 11 Feb 16. 4 5