RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03081 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He receive all pay, points and benefits/entitlements for loss of eight days active duty performed from 27 Aug 13 to 3 Sep 13. APPLICANT CONTENDS THAT: He was deployed on an Air Mobility Command (AMC) mission to the Area of Responsibility (AOR). On the date of departure none of the maintenance crew chiefs had Command Manday Allocation System (CMAS) orders however; they were listed on the flight manifest and executed the mission. Upon return to home station he was notified that he had exceeded the 1,095 limitation rule. Therefore, he was not issued orders. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is currently serving in the Air National Guard (ANG) in the grade of Technical Sergeant (E-6). According to documentation provided by the applicant, he was deployed to the Central Command (CENTCOM) AOR from 27 Aug 13 to 3 Sep 13. 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 C. AIR FORCE EVALUATION: NGB/A1PR recommends approval of the applicant’s request directing AMC to approve Military Personnel Appropriation (MPA) funding for his deployment, indicating there is evidence of an error or injustice. Title 10 United States Code 115, requires the Air Force to count Air Reserve Component members on active duty operational support (ADOS) active component funded tours against active duty end-strength at the end of the fiscal year, when a cumulative activation time exceeds 1,095 days out of the previous 1,460 calendar days. In addition, in accordance with AFI 36-2619, Military Personnel Appropriation Manday Program, if member does not have a previously disapproved 1,095 day waiver request, and tour does not exceed 29 September, the Command, Staff, Agency level may approve requests up to 1,400 days. A review of the applicant’s orders within the Air Reserve Order Writing System (AROWS) revealed a total count of days completed of 1,092 ADOS days out of the previous 1,460 days. The applicant’s eight day deployment, 27 Aug 13 thru 3 Sep 13, would have exceeded the 1,095 limitation. However, he did not have a previously disapproved 1,095 day waiver request and AMC could have approved the request up to 1,400 days. The applicant’s records should be corrected and apply the compensation of military pay, points, and applicable benefits for loss of 8 days active duty. A complete copy of the NGB/A1PR 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 11 Sep 15, 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 NGB/A1PR and adopt its rationale as the basis for our conclusion the applicant has been the victim of an injustice. In this respect we note that in accordance with AFI 36-2619, Military Personnel Appropriation Manday Program, Chapter 5, “if a member does not have a previously disapproved 1,095 day waiver, and tour does not exceed 29 September, the Command, Staff, Agency level may approve requests up to 1,400 days.” 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: 1. On 26 August 2013, competent authority granted a waiver to exceed 1,095 days to perform duty in the Central Command (CENTCOM) Area of Responsibility (AOR) for the period 27 August 2013 to 3 September 2013. 2. Competent authority approved orders under Section 12301(d) of Title 10, United States Code, and ordered him to active duty for the period 27 August 2013 to 3 September 2013. The following members of the Board considered AFBCMR Docket Number BC-2014-03081 in Executive Session on 8 Oct 15, under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-03081 was considered: Exhibit A. DD Form 149, dated 10 Jul 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, NGB/A1P, dated 5 Aug 15, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 11 Sep 15.