RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02910 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His mobilization travel orders be extended from 31 October 2013 to 14 November 2013 to allow him to utilize all earned leave upon completion of mobilization in support of Operation ENDURING FREEDOM. APPLICANT CONTENDS THAT: He should have earned an additional 12 days of leave due to delay in travels from deployment. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is currently serving as a member of the Air National Guard in the grade of captain. The applicant was mobilized under Title 10 United States Code (U.S.C), §12302, during the period of 11 February 2013 through 31 October 2013. The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit B. AIR FORCE EVALUATION: NGB/A1P recommends approval. A1P states to correct the applicant’s military records and compensation of military pay, points, and applicable benefits for 14 days (38 minus 24), by updating the end date of tour from 31 October 2013 to 14 November 2013. During the applicant’s orders for the period of 11 February 2013 through 31 October 2013 and per AFI 36-3003, Military Leave Program, he earned 22.5 days of Regular Leave, documented on the Defense Joint Military Pay System Reserve Component record. The applicant was granted 14 days of Post Deployment Stand-Down Time (PDSDT) (maximum downtime) based on his 183 days deployed time-in-theater, in accordance with ACC Policy. The Deliberate and Crisis Action Planning and Execution Segments (DCAPES) records showed the applicant’s original deployment time-in-theater end date of 23 September 2013. However, the actual end date, IAW the member-filed travel voucher, was 4 October 2013 - an additional eleven days. He arrived 7 October 2013 at home station in accordance with the DCAPES record. The delay in travels to the home station extended the period of days on order for the member to receive an additional 1.5 day of regular leave. The applicant’s 11 February 2013 to 31 October 2013 orders only afforded him 24 days to use PDSDT (14 days) and Regular Leave (24 days), a total of 38 days. A complete copy of the NGB/A1P evaluation is at Exhibit B. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 9 January 2015 for review and comment within 30 days (Exhibit C). 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 support 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. While the OPR recommends simply correcting the end date of the applicant’s orders, we recommend a correction to show that the extended time on active duty was served in a leave status. Otherwise the applicant gets a windfall as he receives the monetary benefit of an orders extension and retains the earned leave to use at a later date. Further, despite the fact that the applicant could carryover the earned leave to a subsequent manday tour, we believe the lost opportunity to use the leave constitutes an injustice. 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 active duty on 31 October 2013, but continued to serve on active duty, in an ordinary leave status, until 14 November 2013. The following members of the Board considered AFBCMR Docket Number BC-2014-02910 in Executive Session on 2 April 2015, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 7 June 2014, w/atchs. Exhibit B. Letter, NGB/A1P, dated 16 December 2014. Exhibit C. Letter, SAF/MRBR, dated 9 January 2015.