RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-00357
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Partial Mobilization (PM) 1098 be administratively extended for an additional 12 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 12 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 master sergeant (E-7). 

On 3 Apr 15, Order Number Z6MPJX, 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 15 Dec 15, in support of Operation ENDURING FREEDOM. 

According to the applicant’s Attendance Roster, he was not in a military status from 15-30 Dec 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:

NGB/A1PR recommends granting the applicant’s request, but for 15 days instead of the 12 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 15 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 (12-21 Dec 15).  His leave record revealed he accrued 8 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 order 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 verified he was not in a military status from his original order end date 15 Dec 15 to 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.  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 15 December 2015, but continued to serve on active duty in a Post Deployment Stand Down Time status until 21 Dec 2015 and in an ordinary leave status until 30 December 2015.

The following members of the Board considered AFBCMR Docket Number BC-2016-00357 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 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.