RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-00359
		
  						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

The end date on his mobilization orders be extended for 11 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 Lieutenant Colonel (O-5).

On 24 Jun 15, Order Number Z6SJG7, 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 Leave Record as of 31 May 16, for the period 15 Jul 15 to 29 Dec 15, his leave balance was 14.0 days.

According to the applicant’s Attendance Roster, dated 23 May 16, he was not in a military status from 30 Dec 15-12 Jan 16.

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 approval of extending the end date of the applicant’s orders for 14 days rather than 11 days based on the following analysis.  The applicant’s Air Guard Reserve Orders Writing System mobilization order started on 23 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 operation 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 to 14 days PDSDT, [15-28 Dec 15].  According to the applicant’s leave record, he accrued 14 days of leave for this mobilization.  However, according to AFI 36-3003, Military Leave Program, the applicant should have accrued an additional 1 day of leave because the orders end date required to allow him to utilize his PDSDT and accrued leave should have been extended.  Therefore, the applicant’s orders end date (29 Dec 15) should have been extended to 12 Jan 16, to allow him sufficient time to utilize all his PDSDT and accrued leave.  The applicant’s attendance roster verifies he was not in a military status for the period 30 Dec 15-12 Jan 16.

A complete copy of the NGB/A1PR evaluation, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 15 Nov 16, 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 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, Ready Reserve, in support of Operation ENDURING FREEDOM on 29 December 2015, but continued to serve on active duty in an ordinary leave status until 12 January 2016.

The following members of the Board considered AFBCMR Docket Number BC-2016-00359 in Executive Session on 9 May 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 26 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, AFBCMR, dated 15 Nov 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.