RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04895

  	COUNSEL: NONE
	
	HEARING: NO

APPLICANT’S REQUEST.  That his mobilization travel orders be extended from 4 Nov 16 to 7 Nov 16 and he receive retroactive pay, entitlements, and points, that are associated with the 3 additional days.

APPLICANT’S CONTENTION.  Due to an administrative oversight and through no fault of his own, his orders were not extended to the actual end date of his mobilization.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS.  The applicant is currently serving in the Air National Guard.  Order Number Z78NFJ, dated 4 Mar 16, recalled the applicant to active duty in accordance with 10 U.S. Code 12302 for the period of 2 Aug 16 to 4 Nov 16.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION.  NBG/A1XR recommends granting the application.  The applicant’s orders projected a departure from the AOR on 19 Oct 16 with a stateside arrival on 20 Oct 16.  Due to the travel delay, the applicant left the AOR on 22 Oct 16 and returned home on 23 Oct 16. The applicant should be compensated for 3 days spanning from 20 Oct 16 – 23 Oct 16 while he was still overseas serving in his mobilized capacity. The applicant is entitled to pay and points to end on 7 Nov 16 versus the current end date of 4 Nov 16. The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION.  The Board sent a copy of the Air Force evaluation to the applicant on 29 Jan 18 for comment (Exhibit D), but has received no response. 

THE BOARD CONCLUDES:

1. The application was timely filed.  

2. The applicant exhausted all available avenues of non-judicial relief before applying to the Board.  

3. After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error and injustice.  The Board concurs with NGB/A1XR and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Therefore, the Board recommends the applicant’s records be corrected as indicated below.

THE BOARD RECOMMENDS: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he was not relieved from mobilization under Title 10, United States Code, Section 12302, in support of Operational FREEDOM SENTINEL on 4 Nov 16, but continued to serve on active duty, in an ordinary leave status, until 7 Nov 16.

CERTIFICATION: The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered AFBCMR Docket Number BC-2016-04895 in Executive Session on 25 Apr 18:

, Panel Chair 
, Panel Member
, Panel Member

All members voted to correct the record as recommended.  The panel considered the following:

Exhibit A: Applicant’s application, DD Form 149, dated 3 Dec 16, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, NGB/A1XR, w/atch, dated 6 Nov 17.
Exhibit D: Notification of Advisory, SAF/MRBR to applicant, dated 29 Jan 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.