RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04946

 	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:   

His Partial Mobilization (PM) orders ending on 16 Aug 16 be extended 10 days and he receive the additional pay, points and benefits.  

APPLICANT CONTENDS THAT:   

His PM extension was not approved prior to the mobilization end date.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:  

The applicant is a major in the Air National Guard.  

Per Special Order Z6T5VU dated 15 Jul 15, he was on PM orders in accordance with 10 U.S.C. § 12302 in support of Operation FREEDOM SENTINEL from 1 Jan 16 to 16 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.       

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:  

NGB/A1XR recommends approval.    The applicant experienced a range of travel delays and the extension of the mobilization message was not processed in a timely manner.  The complete advisory, with attachments, 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 27 Feb 18 for comment (Exhibit D), but has received no response.    

THE BOARD CONCLUDES THAT:

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 error and injustice.  The Board concurs with NGB/A1XR and finds that a preponderance of the evidence substantiates the applicant’s contentions.  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, the Board recommends 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 16 Aug 16, but continued to serve on active duty, in an ordinary leave status, through 26 Aug 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-2016-04946 in Executive Session on 27 Mar 18:

 , Panel Chair
 , Panel Member
 , Panel Member

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

Exhibit A: Applicant’s application, DD Form 149, dated 6 June 2016, w/atchs.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, NGB/A1XR, dated 10 Jan 18, w/atchs.
Exhibit D: Notification of Advisory, SAF/MRBC to applicant, dated 27 Feb 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.