RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00352 

  						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

The end date on his mobilization orders be extended for 12 days to allow him to utilize Post Deployment Stand Down Time (PDSDT) and accrued leave.

APPLICANT CONTENDS THAT:

Travel delays caused him to return to his home station later than originally planned.  His unit was unable to extend his orders because the additional days were not previously allocated.

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

STATEMENT OF FACTS:

The applicant is currently serving as a member of the California Air National Guard (ANG) as a Technical Sergeant.

On 2 Nov 14, Order Number Z6E5QS, issued by the California ANG, placed the applicant on a full-time duty Active Guard Reserve Continuation tour (AGR tour) in accordance with Title 32 United States Code, for the period of 1 Dec 14 to 30 Nov 17.  

From 13 Sep 15 to 15 Dec 15, the applicant served in support of Operation ENDURING FREEDOM under Title 10, Section 12302, and was partially mobilized/served in the area of responsibility from 26 Sep 15 to 5 Dec 15.  

According to the applicant’s LeaveWeb, from 21 Dec 15 to 10 Jan 16, the applicant was on leave (See Exhibit B).

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/A1XR recommends approval of extending the end date of the applicant’s orders for 12 days until 27 Dec 15.  The applicant should have been in a Title 10 status through the duration of his reconstitution time and post mobilization leave.  Although he was permitted to take the time off that he earned and was paid during that period, his ANG points summary should reflect the appropriate dates for his Title 10 service.

A complete copy of the NGB/A1XR evaluation, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 18 May 17, a copy of the Air Force evaluation was forwarded to the applicant 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, the same status the applicant was in, to ensure he is charged for the leave and preclude the possibility of an unearned windfall.  Therefore, we recommend the applicant's records be corrected as indicated below.

THE BOARD DETERMINES 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, Ready Reserve, in support of Operation ENDURING FREEDOM on 12 December 2015, but continued to serve on active duty in a Post Deployment Stand Down Time until 15 December 2015 and then in ordinary leave status until 27 December 2015.  

The following members of the Board considered AFBCMR Docket Number BC-2016-00352 in Executive Session on 20 Jun 17 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

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

	Exhibit A.  DD Form 149, dated 24 Jan 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1XR, dated 21 Apr 17, w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 18 May 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.