RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2016-03936
		
 						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His active duty orders be extended from 31 Aug 16 to 3 Sep 16.  

APPLICANT CONTENDS THAT:

His deployment orders were from 13 Jan 16 to 31 Aug 16; however, his orders should be extended through 3 Sep 16 for leave earned.  

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 Staff Sergeant (SSgt, E-5).  

According to his AF Form 938, Request and Authorization for Active Duty Training/Active Duty Tour, dated 8 Sep 15, he was ordered to active duty in accordance with 10 U.S.C. § 12302 in support of Operation FREEDOM SENTINEL from 13 Jan 16 to 31 Aug 16. 

His DD Form 214, Certificate of Release or Discharge from Active Duty, reflects he performed a period of active duty from 13 Jan 16 to 31 Aug 16.   

AFI 36-3003 Military Leave Program, paragraph 3.4.1, states 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.  In accordance with the Partial Mobilization message (PM 1117), requests for extensions must be received prior to a member’s deactivation date.  However, the extension request for additional days earned was submitted after the mobilization period ended.  Therefore, in accordance with Air Force policy the extension request could not be submitted and the applicant’s unit was advised he would have to submit a request to the AFBCMR.  

The applicant’s orders covered the period of 13 Jan 16 to 31 Aug16.  According to the Deliberate Crisis Action Planning and Execution Segments (DCAPES), he departed the AOR on 30 Jul 16 and returned to his home station on 1 Aug 16.  His temporary duty (TDY) expired on 23 Jul 16; however, he did not leave the area of responsibility (AOR) until 8 days later (30 Jul 16), which was not expected in the original mobilization planning.  

Based on the mobilization and deployment period, he earned 14 days of downtime and 19 days of leave.  Upon return from the AOR on 1 Aug 16, his downtime period should have been 2 Aug 16 through 15 Aug 16 and his leave period from 16 Aug 16 to 3 Sep 16.  Unfortunately, due to circumstances beyond his control, the mobilization authority in which he 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.  There is no record the applicant performed duty for the period of 1 through 3 Sep 16.  
 
A complete copy of the AFRC/A1K 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 25 Aug 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 the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion 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 he was not released from mobilization under Title 10, United States Code, Section 12302 in support of Operation FREEDOM SENTINEL on 31 Aug 16, but continued to serve on active duty, in an ordinary leave status, through 3 Sep 16.  

The following members of the Board considered AFBCMR Docket Number BC-2016-03936 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 was considered:

	Exhibit A.  DD Form 149, dated 20 Sep 16, w/atchs.
	Exhibit B.  Excerpts of Personnel Records
	Exhibit C.  Memorandum, AFRC/A1R, 12 Jan 17.
	Exhibit D.  Letter, AFBCMR, dated 25 Aug 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.