RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-00347
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Partial Mobilization (PM) 1098 be administratively extended for an additional 7 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 7 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:

During the matter in question, the applicant was serving as a member of the California, Air National Guard (ANG), in the grade of technical sergeant (E-6).

On 29 May 15, Order Number Z6QY9B, 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 15 Jul 15 to 29 Dec 15, in support of Operation ENDURING FREEDOM.

According to the applicant’s Attendance Roster, he was not in a military status from 29 Dec 15 through 9 Jan 16.  

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 11 days instead of the 7 days requested based on the following analysis.  The applicant’s Air Guard Reserve Orders Writing System (AROWS) mobilization order started 28 Jul 15 and ended on 29 Dec 15.  The applicant’s Deliberate and Crisis Action Planning and Execution Segments (DCAPES) record indicates he departed the theater of operations on 6 Dec 15 and arrived at home station on 9 Dec 15.  Per AFI 10-403, Deployment Planning and Execution, dated 20 Sep 12, the applicant was entitled to 2 days in-processing (10-11 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 14 days of PDSDT (12-25 Dec 15).  His leave record revealed he accrued 14 days of leave from the order start date to the original order end date.  According to AFI 36-3003, Military Leave Program, he should have accrued an additional 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 9 Jan 16, to allow him sufficient time to utilize all his PDSDT and accrued leave.  The applicant’s attendance roster verified he was not in a military status from his original order end 29 Dec 15 to 9 Jan 16. 

ARPC should administratively correct the applicant’s DD Form 214 to reflect the active service end date for this period to 9 Jan 16.

Should the Board recommend relief, the applicant’s record should be corrected to credit the applicant with 11 days of active federal service ending on 9 Jan 16. 

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 29 December 2015, but continued to serve on active duty, in an ordinary leave status until 9 January 2016.  

The following members of the Board considered AFBCMR Docket Number BC-2016-00347 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-2016-00347 was considered:

	Exhibit A.  DD Form 149, dated 24 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.