RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-02539
		
  						COUNSEL:  NONE

						HEARING DESIRED:  NOT INDICATED

APPLICANT REQUESTS THAT:

His Partial Mobilization order end date be changed from 12 May 14 to 3 Mar 15 and his military and pay records be corrected to accurately reflect any lost pay, benefits and entitlements not given to him while mobilized under Partial Mobilization order 979 and while on Medical Hold orders following his deployment.

APPLICANT CONTENDS THAT:

On 14 Aug 13, he was involuntarily activated in support of Operation Enduring Freedom; however, he  was demobilized prior to being afforded an opportunity to take his earned leave and lost 31.5 days of leave, military pay, benefits, and 73.5 retirement points.  Additionally, he contends he should have been put on Medical Hold orders immediately following his deployment and should have stayed on Medical Hold orders for an additional 5 and a half months.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 25 Aug 81.  

On 8 Sep 83, the applicant was furnished an honorable discharge, was credited with 2 years and 14 days of active service; however, he then affiliated with the Air National Guard.

From 14 Aug 13 to 12 May 14, the applicant was mobilized to active duty in support of Operation Enduring Freedom under partial mobilization orders.

According to the applicant’s AF IMT 348, Line of Duty Determination, dated 10 Jun 14, on or about Mar 14, he injured his left shoulder in the performance of his job requiring surgical correction. 

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/A1PR recommends partially granting the applicant’s request, indicating there is evidence of an error or injustice.  A1PR recommends:
a.	Denying his request to change his order end date for his Partial Mobilization orders from 12 May 14 to 3 Mar 15.  The applicant’s Partial Mobilization order can only be extended for the period of the mobilization plus his PDSDT and leave.  Once the applicant began the medical continuation process, his duty status is required to change from being on Involuntary Partial Mobilization orders under 10 USC 12302 to 10 USC 12301(d) for Pre-MEDCON and then 10 USC 12301(h) for MEDCON orders.
b.	Extending his Partial Mobilization order to 27 May 14 under 12301(d).
c.	Approving his Pre-MEDCON orders from 28 May - 23 Jun 14 under 12301(h).
d.	Denying his request to have his MEDCON order end date be changed from 19 Sep 14 to 3 Mar 15 when he was World Wide Qualified.  The applicant was placed on MEDCON orders starting on the date of his surgery from 24 Jun 14 to 19 Sep 14 and the orders may not exceed six months in accordance with applicable Air Force instruction.  The applicant’s medical group did not request an extension as service members can still perform military duties without the World Wide Qualification.
e.	Granting his request to be paid for leave lost while on MEDCON orders (7.5 days) and the 2 days of leave he would have accrued if he had been on Pre-MEDCON orders (total of 9.5 days).
f.	Partially approving his request to be compensated pay, entitlements and points. Correct calculations for pay, entitlements and points should be for 15 days Partial Mobilization, 26 days Pre-MEDCON orders, and 9.5 days of leave.

A complete copy of the NGB/A1PR 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 3 Aug 16 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.  The National Guard Bureau Office of Primary Responsibility has recommend partial relief be granted.  Similar cases indicate that if the orders had been extended the applicant would have received two days in-processing before beginning the 14 days of Post Deployment Stand Down Time (PDSDT) in accordance with MAJCOM policy, and time to take his accrued leave, which the preponderance of the evidence indicates is 22.5 days.  The evidence also indicates he arrived on station on 19 Apr 14.  Therefore, we find the applicant should have 15 days added to the end of the mobilization order, resulting in a new end date of 27 May 14.  In addition, we note the applicant’s unit reports the applicant was not in a military status during the extension period.  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 15 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 6 - 27 May 14 was classified as ordinary leave to ensure the applicant is actually charged for 22 days of leave.  With regard to the applicant’s request to extend his MEDCON orders to 3 Mar 15, the Board found no evidence to support the applicant’s medical group requested a MEDCON order extension and further agreed with the OPR that service members can perform military duties even though the service member may not be World Wide Qualified.  Still, the evidence indicates the applicant accrued 2 days of leave while on Pre-MEDCON orders and 7.5 days of leave while on MEDCON orders and was authorized to take leave in accordance with the applicable Air Force Instruction.  Because the applicant did not take leave during his MEDCON orders, his leave should have been paid out; however, the evidence indicates he neither took leave nor was paid for it.  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 12 May 2014, but continued to serve on active duty through 27 May 2014, was in ordinary leave status from 6 May 2014 to 27 May 2014, and was continued on active duty under Title 10, 12301(h) for the purposes of medical continuation from 28 May 2014 to 19 September 2014, and at the time of his release from medical continuation orders on 19 September 2014, he was authorized to receive cash settlement for an additional 9.5 days of unused accrued leave.  

The following members of the Board considered AFBCMR Docket Number BC-2015-02539 in Executive Session on 8 Nov 16 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-2015-02539 was considered:

	Exhibit A.  DD Form 149, dated 5 Jun 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1PR, dated 11 Jul 16.
	Exhibit D.  Letter, AFBCMR, dated 3 Aug 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.