RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-00344
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Partial Mobilization (PM) 1098 be administratively extended for an additional 11 days so that his Title 10 AEF Deployment Military orders can be modified and corrected to reflect actual days in theater, travel time, reconstitution time, and accrued leave.  

APPLICANT CONTENDS THAT:

He lost 11 days of pay, benefits and entitlements due to an error in the Partial Mobilization 1098 message end date not being long enough to cover actual days in theater, travel time, reconstitution time, or accrued leave.

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

STATEMENT OF FACTS:

The applicant is currently serving in the California Air National Guard (ANG) in the grade of lieutenant colonel, (O-5).  During the matter in question, the applicant was serving in the grade of major (O-4). 

On 3 Apr 15, Order Number Z6MPD5, issued by the California ANG, recalled the applicant to active duty in accordance with Title 10 United States Code, Section 12302, Ready Reserve, for the period of 13 Sep 15 to 16 Dec 15, in support of Operation ENDURING FREEDOM. 

According to the applicant’s Attendance Roster, dated 23 May 16, he was not in a military status from 16-30 Dec 15.  

In accordance with (IAW) AFI 36-3202, Separation Documents, paragraph 4.5. ARC members will be issued a DD Form 214 under the following situations:

	4.5.1. Involuntarily ordered to active duty in the event of a national emergency or war under Title 10, U.S.C., sections 12301, 12302, 12304, 12306, 12307, or 688, will be issued a DD Form regardless of the number of days served. The requirement to complete a DD Form 214 due to mobilization is outlined in AFI 10-416, Personnel Readiness and Mobilization.

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 granting the applicant’s request, but for 14 days instead of the 11 days requested based on the following analysis.  The applicant’s Air Guard Reserve Orders Writing System (AROWS) mobilization order started 26 Sep 15 and ended on 16 Dec 15.  The applicant’s Deliberate and Crisis Action Planning and Execution Segments (DCAPES) record indicates he departed the theater of operations on 5 Dec 15 and arrived at home station on 12 Dec 15.  Per AFI 10-403, Deployment Planning and Execution, dated 20 Sep 12, the applicant was entitled to 2 days in-processing (13-14 Dec 15) before beginning Post Deployment Stand Down Time (PDSDT) and leave.  According to the Air Combat Command PDSDT Guidance Memorandum, the applicant is entitled 7 days of PDSDT (15-21 Dec 15).  His leave record revealed he accrued 8 days of leave from the order start date to the original order end date (16 Dec 15).  According to AFI 36-3003, Military Leave Program, he should have accrued 1 day of leave during this time because the order end date required to allow him to utilize his PDSDT and accrued leave should have been extended.  Therefore, the applicant’s orders end date should have been extended to 30 Dec 15, to allow him sufficient time to utilize all his PDSDT and accrued leave.  The applicant’s attendance roster, dated 23 May 16, verified he was not in a military status from 16-30 Dec 15.

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 7 Sep 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.  Having carefully reviewed this application, we agree with 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.  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 windfall.  We also note the OPR will administratively correct the applicant’s DD Form 214 IAW AFI 36-3202.  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 he was not relieved from mobilization under Title 10, United States Code, Section 12302 in support of Operation ENDURING FREEDOM on 16 December 2015 but continued to serve on active duty, in a Post Deployment Stand Down Time status until 21 December 2015 and then in an ordinary leave status until 30 December 2015.

The following members of the Board considered AFBCMR Docket Number BC-2016-00344 in Executive Session on 24 Jan 17, under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-00344 was considered:

	Exhibit A.  DD Form 149, dated 23 Jan 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1PR, dated 3 Aug 16, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 7 Sep 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.