RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-04379
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

She receive all pay and allowances associated with downtime and leave earned while serving on duty under Reserve Order A6BGAW, dated 10 Oct 14.  

APPLICANT CONTENDS THAT:

Due to transportation issues in the Area of Responsibility (AOR), she returned late from her deployment.  Through no fault of her own, she was unable to get her orders extended prior to her mobilization orders expiring as required by Air Force policy.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

During the matter in question, the applicant was serving in the Air Force Reserve in the grade of Senior Airman (E-4).  

Reserve Order No. A6BGAW, dated 10 Oct 14, ordered the applicant to activation (mobilization) reporting 28 Jan 15, with a release date of 1 Sep 15.  

AFI 36-3006, Military Leave Program, indicates members serving between 181 and 210 days in theater, who qualify for PDMRA, accrue a total of 14 days of PDMRA.

In accordance with Section 605 of the Fiscal Year 2013 (FY13) National Defense Authorization Act (NDAA), upon application, the Secretary concerned shall make a payment to each individual described in paragraph (2) of $200 for each day of nonparticipation of such individual in the Post-Deployment/Mobilization Respite Absence program as described in that paragraph. (2) COVERED INDIDUALS- An individual described in this paragraph is an individual who (A) was eligible for participation as a member of the Armed Forces in the Post-Deployment/Mobilization Respite Absence program; but (B) as determined by the Secretary concerned pursuant to an application for the correction of the military records of such individual pursuant to section 1552 of Title 10, United States Code, or other process as determined by the Secretary, did not participate in one or more days in the program for which the individual was so eligible due to Government error.

The applicant’s Service History, dated 13 Jan 17, reflects she earned 312 points (233 active duty) from 30 Sep 14 to 29 Sep 15.

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:

AFRC/A1R recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  The applicant’s original orders covered the period of 28 Jan 15 – 1 Sep 15.  Her TDY expiration date was 22 Jul 15.  However, the applicant did not leave the AOR until 13 days later (3 Aug 15), which was not expected in the original mobilization planning.  Based on the number of days of the mobilization and deployment period, she earned 14 days of downtime and 18 days of leave.  Upon return from the AOR on 4 Aug 15, the downtime period should have been 5 Aug 15 - 18 Aug 15, leave 19 Aug 15 – 5 Sep 15.  The applicant was mobilized and deployed in support of ongoing operations.  Unfortunately, due to circumstances beyond her control, the mobilization authority in which she was activated expired prior to her orders being extended.  This left her in a hardship, and unable to complete final travel vouchers or receive pay and allowance for additional days warranted for this activation.  ARPC should credit her for 4 days of active federal service 2 Sep 15 – 5 Sep 15, and DFAS should pay her for the 4 days.  Her service history shows no conflicting duty 2 Sep 15 – 5 Sep 15.   

A complete copy of the AFRC/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 14 Feb 17 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 injustice.  Therefore, 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 she was not released from mobilization under Title 10, United States Code, Section 12302 in support of Operation ENDURING FREEDOM on 1 September 2015, but continued to serve on active duty, in an ordinary leave status through 5 September 2015.  

The following members of the Board considered AFBCMR Docket Number BC-2015-04379 in Executive Session on 23 Mar 17 under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 4 Oct 15.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFRC/A1R, dated 25 Jan 17, w/atchs.
	Exhibit D.  Email, SAF/MRBR, dated 14 Feb 17.

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.