RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-03776

   						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

He receive points, pay, and benefits for 21 additional days of mobilization.  

APPLICANT CONTENDS THAT:

Due to no fault of his own, he was extended in mobilization status for 21 additional days in 2016, but his orders were not extended to allow him to take all of his earned leave.  Although his home unit requested a mobilization authority extension from NGB/A3XW to cover his delay, the request was not processed in time.  Therefore, his orders do not cover the delay.   

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

STATEMENT OF FACTS:

The applicant served in the grade of technical sergeant (TSgt) in the Air National Guard during the matter under review. 

Under Special Order TE-0052, issued 14 Dec 15, the applicant was projected to proceed on or about 8 Jan 16 to Al Udeid AB, Qatar for 183 days with a projected departure from the Area of Responsibility (AOR) on 9 Jul 16.  According to the applicant’s travel voucher, on 30 Jul 16, he departed Al Udeid AB, Qatar with a stateside arrival of 31 Jul 16.

According to an AF Form 988, Leave Request/Authorization, provided by the applicant, he requested 24 days of leave from 15 Aug 16 to 7 Sep 16 and it was approved by his supervisor in Aug 16. 

Partial Mobilization Order Z6R51V, dated 30 Aug 16, reflects the applicant was activated under Title 10 USC 12302 for the projected period of 27 Nov 15 through 19 Aug 16.  

According to the applicant’s DD Form 214, Certificate Of Release or Discharge from Active Duty,  dated 8 Dec 16, issued in conjunction with his 19 Aug 16 separation, he served on active duty in support of Operation Freedom Sentinel IAW 10 USC 12302 at Al Udeid AB, Qatar from 31 Jan - 30 Jul 2016.

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 granting the applicant’s request, indicating there is evidence of an error or injustice.  AFI 10-402, Operations, para 1.1.1, states “Involuntary activation/mobilization (Title 10 U.S.C. § 688, 12301(a), 12302, 12304) of ARC forces will be for a maximum of one (1) year at any one time (alternative constructs require approval from the Secretary of the Air Force (SECAF) or designated representative, the Under Secretary of Defense for Personnel and Readiness (USD (P&R), or SecDef)).  This period will include pre-deployment administrative actions, deployment-specific pre-deployment training, deployment, and any administrative absence days accrued under Post-Deployment/Mobilization Respite Absence (PDMRA), in accordance with AFI 36-3003, Military Leave Program, reconstitution time, and post mobilization leave.” 

The applicant’s home unit requested an extension to his deployment from NDB/A3XW.  However, the request was not filed on time, so the orders were not extended to cover the delay he experienced.  The applicant’s orders projected a departure from the AOR on 9 Jul 16 with a stateside arrival on 10 Jul 16.  Due to the travel delay, the applicant left the AOR on 30 Jul 16 and returned home on 31 Jul 16.  The applicant should be compensated for 21 days spanning from 10 Jul 16 – 31 Jul 16 while he was still overseas serving in his mobilized capacity.  In relation to this order, the member is entitled for his pay and points to end on 9 Sep 16 versus the current end date of 19 Aug 16.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 27 Nov 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.  Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility 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.  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 released from active duty on 19 August 2016, but continued to serve in an ordinary leave status through 9 September 2016.

The following members of the Board considered AFBCMR Docket Number BC-2016-03776 in Executive Session on 14 Feb 18 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

, 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 9 Sep 16, w/atch(s).
	Exhibit B.  Excerpts from Master Personnel Records.	Exhibit C.  Memorandum, NGB/A1XR, dated 9 Sep 17, w/atch.
	Exhibit D.  Letter, AFBCMR, dated 27 Nov 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.