RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-03812
		
 						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her active duty orders be extended from 26 Aug 16 to 30 Aug 16.  

APPLICANT CONTENDS THAT:

The release date on her AF Form 938, Request and Authorization for Active Duty Training/Active Duty Tour, dated 1 Sep 15, is incorrect.  Due to delays in troop movement, she did not return to her home station until 28 Jul 16.  She was then on reconstitution time through 10 Aug 16 and on leave 11 to 30 Aug 16 (20 days of leave accrued).  

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 master sergeant (MSgt, E-7).  

According to her AF Form 938 dated 1 Sep 15, the applicant was ordered to active duty in accordance with 10 U.S.C. § 12302 in support of Operation FREEDOM SENTINEL from 6 Jan 16 to 26 Aug 16.   

Her DD Form 214, Certificate of Release or Discharge from Active Duty, reflects she performed a period of active duty from 6 Jan 16 to 26 Aug 16 in support of Operation FREEDOM SENTINEL in accordance with 10 U.S.C. § 12302, Partial Mobilization.  She was credited with 7 months and 21 days of active duty service.  

The applicant provides a copy of her Leave and Earnings Statement (LES) for the period through 21 Sep 16 which shows a leave balance of 20 days.  

According to AFI 36-3003, Military Leave Program, paragraph 3.4.1, Members accrue 2.5 days leave for each month of active duty.  

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:

AFRC/A1R recommends approval for a new end date of 31 Aug 16. In accordance with the Partial Mobilization message (PM 1130), the request for an extension must be received prior to the deactivation date.  However, the extension request for additional days earned was submitted after the mobilization period.  Therefore, in accordance with Air Force policy, the extension request could not be submitted and the applicant’s unit was advised she would have to submit a request to the AFBCMR.   

The applicant’s orders covered the period of 6 Jan 16 to 26 Aug 16.  According to the Deliberate Crisis Action Planning and Execution Segments (DCAPES), the applicant departed the area of responsibility (AOR) on 28 Jul 16.  Her temporary duty (TDY) expired on 17 Jul 16 but she did not leave the AOR until 12 days later (28 July 16), which was not expected in the original mobilization planning.  

Based on the mobilization and deployment period, she earned 14 days of downtime and 20 days of leave.  Upon return from the AOR on 28 Jul 16, her downtime period should have been 29 Jul to 11 Aug 16 and leave period from 12 Aug to 31 Aug 16.  Unfortunately, due to circumstances beyond her control, the mobilization authority in which she was activated expired prior to the orders being extended.  This left the applicant in a hardship and unable to complete final travel vouchers or receive pay and allowances for additional days warranted for this activation.  To date, no relief has been provided for this action.  
 
A complete copy of the AFRC/A1R evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

She received the advisory opinion and concurs with the findings and recommendation.

A complete copy of the applicant’s submission is at Exhibit E.   

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 applicant requests an extension of her active duty orders to 30 Aug 16; however, it appears based on the evidence the correct end date of her active duty tour for leave earned is 31 Aug 16.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion that the applicant has been the victim of an error or 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 she was not released from mobilization under Title 10, United States Code, Section 12302 in support of Operation FREEDOM SENTINEL on 26 August 2016, but continued to serve on active duty, in an ordinary leave status, through 31 August 2016.  

The following members of the Board considered AFBCMR Docket Number BC-2016-03812 in Executive Session on 13 Feb 18 under the provisions of AFI 36-2603:

	  , Panel Chair
	  , Member
       , Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2016-03812 was considered:

	Exhibit A.  DD Form 149, dated 16 Sep 16, w/atchs.
	Exhibit B.  Excerpts of Personnel Records
	Exhibit C.  Memorandum, AFRC/A1R, dated 30 Sep 16.
	Exhibit D.  Letter, AFBCMR, dated 5 Dec 17.

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.