RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03191 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His orders for the period 11 Feb 13 to 28 Nov 13 be extended 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 four day extension on his orders because he was involuntarily extended in the area of responsibility. 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 captain (O-3). The applicant was mobilized under Title 10 United States Code (U.S.C.), §12302, during the period 11 Feb 13 through 28 Nov 13. The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C. AIR FORCE EVALUATION: NGB/A1P recommends approval, indicating the applicant’s military records should be corrected to reflect compensation of military pay, points, and applicable benefits for 2 days (39 minus 37), by updating the end date of tour from 28 Nov 13 to 30 Nov 13. During the applicant’s orders for the period 11 Feb 13 through 28 Nov 13 and per AFI 36-3003, Military Leave Program, he earned 25 days of Regular Leave, documented on his Leave and Earning statement (LES). He was granted 14 days of Post Deployment Stand-Down Time (PDSDT) (maximum downtime) based on his 190 days deployed time-in-theater, in accordance with Air Mobility Command policy. The Deliberate and Crisis Action Planning and Execution System (DCAPES) records showed the applicant’s original deployment time-in-theater end date of 19 Oct 13. However, the actual end date, IAW the member-filed travel voucher, was 21 Oct 13 - an additional three days. He arrived at home station on 22 Oct 13 in accordance with the DCAPES record; however, because he was three days late, his 11 Feb 13 to 28 Nov 13 orders only afforded him 37 days to utilize 39 days of accrued time off (PDSDT (14 days) and Regular Leave (25 days)). Reserve members may carry over leave earned during an active duty tour for use during a future active duty tour; however, they are not required to use, sell or lose their earned leave at the end of an active duty tour. Furthermore, carryover leave usage is not restricted to the next tour and may be used on future or subsequent active duty tours. A complete copy of the NGB/A1P 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 Feb 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 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 Air Force OPR recommends the applicant’s records be corrected to reflect that he was not released from active duty on 28 November 2013, but continued to serve until 30 November 2013, we 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. We note the applicant could have carried over his leave, carry over leave requires subsequent commander approval, therefore, we believe it would proper and fitting to correct the record 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 28 November 2013, but continued to serve on active duty, in an ordinary leave status, until 30 November 2013. The following members of the Board considered AFBCMR Docket Number BC-2014-03191 in Executive Session on 19 May 15, under the provisions of AFI 36-2603: , Panel Chair , Member , Member chaired the panel, in view of his unavailability, due to retirement, has signed as Acting Panel Chair. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 Aug 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, NGB/A1P, dated 9 Dec 14, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 11 Feb 15.