RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04204 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His active duty orders be extended to include 14 days of rest and recuperation (R&R) leave he earned while deployed in support of Operation ONWARD LIBERTY (Monrovia) for more than 179 days. ________________________________________________________________ APPLICANT CONTENDS THAT: He earned 14 days of R&R and 18 days of leave during his deployment in support of Operation ONWARD LIBERTY (Monrovia); however, because his commander involuntarily extended his deployment beyond 179-days without obtaining a waiver to do so, he was unable to serve on active duty long enough to take his R&R leave. The applicant’s complete submission, with attachment, is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: The applicant served in the Air Force Reserve in the grade of Technical Sergeant (TSgt) during the period of time in question. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is included at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFRC FGC/FGS recommends approval, indicating there is evidence of an error or injustice. The applicant deployed on Reserve Order D4TH35, dated 27 Oct 11, covering the period 18 Dec 11 through 22 Jul 12. In order to have time to utilize the leave he earned during the deployment, he was scheduled to depart the AOR on 19 Jun 12. After extending in theater until he had served 198 days, the applicant departed the AOR on 2 Jul 12. Air Mobility Command Instruction (AMCI) 10-503, Air Mobility Command (AMC) Force Deployment, authorizes 14 days of compensatory time for deployments away from home station of 90 days or more, and AFI 36-3003, Military Leave Program, authorizes members 2.5 days of leave for each month of active duty. Therefore, the applicant earned a total of 14 days of R&R and 18 days of leave. Due to his extension in theater, the original orders end date of 22 Jul 12 did not allow sufficient time for him to take his earned R&R and leave. Therefore, his orders need to be extended an additional 12 days in order for the applicant to receive the R&R and leave he earned. A complete copy of the AFRC FGC/FGS 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 5 Nov 12 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 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 and adopt its rationale as the basis for our conclusion that relief should be granted. Therefore, we recommend the applicant’s record be corrected as indicated below. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ 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 active duty on 22 July 2012, but on that date he continued to serve on active duty in a rest and recuperation (R&R) leave status until 3 August 2012 when he was released from active duty. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-04204 in Executive Session on 4 Jun 13, 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, dated10 Sep 12, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFRC FGC/FGS, dated 26 Oct 12. Exhibit D. Letter, SAF/MRBR, dated 5 Nov 12.