RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-02603 

						COUNSEL: NONE
  
 						HEARING DESIRED: NO	

APPLICANT REQUESTS THAT:

His AF Form 938, Request and Authorization for Active Duty Training/Active Duty Tour, Reserve Order A6A6DR, dated 5 September 2014, be amended to reflect an end date of 24 November 2015, instead of 9 November 2015.  The applicant also requests that that his Individual Dwell Time (IDT) protection be corrected to include the days afforded by the prior correction.  Lastly, the applicant requests that official precedence is established by this action and official guidance be issued to the HQ AFRC Force Generation Center instructing that such instances are to be handled by their office without any other military members being required to submit corrective action in order to receive pay for work already performed.

APPLICANT CONTENDS THAT:

He was activated on 18 January 2015.  His orders were accompanied by a Contingency Exercise Deployment (CED) order for deployment to Afghanistan.  The orders were originally set to end on 9 November 2015 as he was expected to depart Central Command (CENTCOM) on 4 October 2015.  However, he was retained in-place in Afghanistan until 10 October 2015.  He departed CENTCOM on 14 October 2015, began his reconstitution time which ended on 29 October 2015 and started leave on 30 October 2015.  His last day of leave was 24 November 2015.  

On 15 October 2015, his finance office determined his final day for orders would be 24 November 2015 based on leave earned.  An orders modification request was submitted to extend his end date; however, it was not processed.   His superintendent contacted AFRC/A1RR and he was advised on 13 January 2016 to submit a DD Form 149, Application for Correction of Military Records.    

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

STATEMENT OF FACTS:

The applicant is in the Air Force Reserve currently serving in the grade of major (O-4).

Applicant’s CED Order, Special Order TE-0015 dated 24 March 2015, reflects he was tasked for deployment to Bagram AB, Afghanistan with a proceed on or about date of 1 April 2015 and Temporary Duty (TDY) length of 205 days.  

The applicant’s AF Form 938, Request and Authorization for Active Duty Training/Active Duty Tour, Reserve Order A6A6DR dated 5 September 2014, reflects he was mobilized in accordance with 10 U.S.C § 12302 in support of Operation ENDURING FREEDOM for the period of 18 January 2015 to 9 November 2015.

According to AFI 36-3003 Military Leave Program, paragraph 4.4.1, Members accrue 2.5 days leave for each month of active duty. 

Per AFI 36-3003, paragraph 15.5.2.1 and Figure 5, Post Deployment Respite Absence Accumulator (for deployment/mobilization accomplished on or after 1 October 2011), Reserve Component airmen serving pursuant to 10 U.S.C. § 12301(a), 12302(d) or 12304 accrue 14 days of PDMRA for deployment in a Combat Zone Tax Exclusion (CZTE) area for 181-210 days.   

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:

AFRC/A1R recommends approval.  The error was out of the applicant’s control to resolve. 

The applicant was mobilized and deployed in support of ongoing operations.  Unfortunately due to circumstances beyond his control, the mobilization authority in which he was activated expired prior to his orders being extended.  This left the applicant in a hardship situation as he was unable to complete final travel vouchers or receive pay and allowances for additional days warranted for this activation.  

A complete copy of the AFRC/A1R evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 1 March 2017 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 note the Air Force office of primary responsibility recommends the applicant’s orders be extended from 9 November to 24 November 2015.  While we agree with the opinion and the recommendation of the OPR that the applicant’s orders should be extended, 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.

4. With regard to the applicant’s request to establish official guidance, the Board has been made aware that the AFBCMR staff is working with the office of the Assistant Secretary of the Air Force, Manpower and Reserve Affairs, the National Guard Bureau, and the Air Force Reserve Command in order to further delegate the ability to extend orders without necessitating Airmen submitting applications for Board action.

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 released from mobilization under Title 10, United States Code, Section 12302 in support of Operation ENDURING FREEDOM on 9 November 2015, but continued to serve on active duty, in an ordinary leave status, through 24 November 2015.

The following members of the Board considered AFBCMR Docket Number BC-2016-02603 in Executive Session on 7 September 2017 under the provisions of AFI 36-2603:

All members voted to correct the records as recommended.  The following documentary associated with AFBCMR Docket Number BC- 2016-02603 was considered:

	Exhibit A.  DD Form 149, dated 23 June 2016, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFRC/A1R, dated 13 October 2016.
	Exhibit D.  Letter, AFBCMR, dated 1 March 2017.