RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-00864 

						COUNSEL:  NONE

HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

He receive compensation for leave unjustly charged against his leave balance in conjunction with his 2012 deployment to Afghanistan.  

APPLICANT CONTENDS THAT:

He took 15 days of authorized Non-Chargeable Rest & Recuperation (NCR&R) while deployed to Afghanistan.  Due to circumstances beyond his control, his tour of duty was curtailed after he had taken the authorized NCR&R, and his unit then incorrectly charged his regular leave account with 15 days of normal leave.  

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

STATEMENT OF FACTS:

The applicant served in the grade of Master Sergeant during the period of time of the matter under review.

Under Special Order TE-00062, dated 11 May 11, the applicant was ordered to Bagram, Afghanistan on or about 18 Jun 11 for a projected period of 365 days. 

On 31 May 14, the applicant was furnished an honorable discharge, and was credited with two years and one month of net active service.   

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.    

AIR FORCE EVALUATION:

NGB/A1XR recommends granting the applicant’s request, indicating there is evidence of an error or an injustice.  NCR&R leave was established by the Office of the Under Secretary of Defense to allow service members deployed to the most arduous combat areas to accrue and use their leave upon redeployment for reintegration with their families and communities.  Service members are required to serve a minimum of 270 days boots on ground to be eligible for NCR&R leave.  NCR&R days are not to be charged as leave even if the member’s tour is cut short and the member is unable to fulfill their complete tour date obligation.  Both Iraq and Afghanistan have been designated as NCR&R leave areas.  

The applicant deployed to Bagram Air Base, Afghanistan.  He was projected to meet the 270 day minimum.  The applicant was granted NCR&R leave by his gaining commander at the time.  However, due to circumstances beyond his control, the tour was curtailed after he used his NCR&R leave.  He should not have been charged regular leave for those dates.  However, the applicant was unjustly charged 15 days of regular leave from 17 Feb 12 thru 5 Mar 12 (sic), which he had been authorized under NCR&R while he was deployed.  The applicant is now retired and the unjustly charged leave cannot be restored.

Recommend the applicant be granted relief and paid for the 15 days leave he was incorrectly charged.  

A complete copy of the NGB/A1XR 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 19 Jul 17 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.  We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of NGB/A1XR and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  The Board notes 2012 was a leap year, so the 15 day period for leave reimbursement purposes was 17 February 2012 through 2 March 2012.  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 he was not charged regular leave during the period 17 February 2012 through 2 March 2012, but upon retirement on 31 May 2014 he was paid for 15 days of regular leave.  

The following members of the Board considered AFBCMR Docket Number BC-2016-00864 in Executive Session on 26 Sep 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 16 Feb 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1XR, dated 2 Feb 17, w/atchs.
	Exhibit E.  Letter, SAF/MRBR, dated 19 Jul 17.
	
Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.