RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04135 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: Her military pay records be corrected to accurately reflect any lost pay, benefits or entitlements due her based on an erroneous calculation of earned leave in conjunction with her Partial Mobilization (PM) Order M979. APPLICANT CONTENDS THAT: Due to the late submittal of the PM Order M979 extension request, she lost 21 days of earned leave and was not afforded the opportunity to have her records corrected when she returned from her deployment. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is currently serving as a Staff Sergeant, with the Louisiana Air National Guard (LA ANG). According to PM Order Number 15KXZR, dated 13 Jun 13, the applicant was recalled to Extended Active Duty (EAD), in support of Operation ENDURING FREEDOM, from 14 Aug 13 – 12 May 14. The applicant’s orders were later amended to reflect an end date of 23 May 14. AIR FORCE EVALUATION: NGB/A1P recommends correcting the applicant’s military records and compensation of military pay, points, and applicable benefits for 13 days (38 minus 25), by updating the end date of her orders from 23 May 13 [sic] to 5 Jun 14. Headquarters, Air Combat Command (ACC) Post Deployment Stand-Down Time (PDSDT) Policy, dated 12 Apr 11, provides guidance for personnel returning from a contingency deployment. Approval and accounting of manday resources is In Accordance With (IAW) activation authorities under Title 10 USC § 12301, 12302, and 12304. IAW Title 10 USC § 701(k), the Fiscal Year 2011 (FY11) National Defense Authorization Act (NDAA) authorized Reserve Component members to carry leave forward from one active duty long tour to another. Payment for accrued leave is IAW Title 37 USC § 501 authority. IAW AFI 36-2619, Military Personnel Appropriation Manday Program, para 3.1.2., an MPA manday request typically includes mandays to cover pre-deployment training listed within the Time Phased Force Deployment Data (TPFDD) line item remarks or Service/CCDR-directed training as identified by ACC/A3O; travel to/from the Area of Responsibility (AOR) as defined by the Joint Federal Travel Regulation or USTRANSCOM planning factors; the estimated tour length (ETL)/time-in-theater; out-processing (2 days); and in- processing (2 days from redeployment, only if not authorized downtime). AFI 36-2619, Attachment 1, “AEF Rotation Tour” states that travel, downtime and leave elements are programmatically calculated by the Air Force-directed MPA manday data system (Command Man-Day Allocation System [CMAS]) at the time of an Air Expeditionary Force (AEF) tour input. The applicant’s orders for the period of 14 Aug 13 through 23 May 14 and per AFI 36-3003, Military Leave Program, she earned 23.5 days of Regular Leave, documented on the Defense Joint Military Pay System – Reserve Component record. The applicant was granted 14 days of PDSDT (maximum downtime) based on her 183 days deployed time-in-theater, in accordance with ACC Policy. The Deliberate and Crisis Action Planning and Execution Segments (DCAPES) records showed her original deployment time-in-theater end date of 14 Apr 14. However, the actual end date, in accordance with the member-filed travel voucher, was 25 Apr 14 -- an additional eleven days. She arrived 28 Apr 14 at home station in accordance with the DCAPES record. The delay in travel to the home station extended the period of days on order for her to receive an additional half day of regular leave. Her 30 Dec 13 to 23 May 14 orders only afforded her 25 days to use PDSDT (14 days) and Regular Leave (24 days), a total of 38 days. Reserve Component (RC) members may carry over leave earned during an active duty tour for use during a future active duty tour IAW AFI 36-3003, para 14.14. RC members are not required to use, sell or lose their earned leave at the end of an active duty tour. Carryover leave usage is not restricted to the next tour and may be used on future/subsequent active duty tours.” Alternatively, IAW AFI 36-3003, para 4.6., the applicant may receive payment for accrued leave. DoD 7000.14-R, Volume 7A, Department of Defense Financial Management Regulation (Military Pay Policy and Procedures Active Duty and Reserve Pay), Chapter 35, details when members may receive payment for accrued leave when separating with or without immediate reentry on active duty. IAW DoD 7000.14-R, Volume 7A, section 350102, para 2, leave earned on or after 1 Sep 76 is valued using only basic pay. The complete A1P evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 4 May 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. In addition, we agree with the opinion of the OPR that the applicant is entitled to 13 days of earned leave; nonetheless, while the recommendation is to extend the applicant’s active duty orders to 5 Jun 14, it appears the applicant had collateral duty during the period in question. Therefore, in order to give the applicant full and fitting relief, we recommend the applicant be allowed to carry over her 13 days of lost leave, in accordance with AFI 36-3003, Military Leave Program, para 14.14. Accordingly, the applicant's records should be corrected to the extent 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: Thirteen (13) days of lost leave was restored to her current leave account. The following members of the Board considered AFBCMR Docket Number BC-2014-04135 in Executive Session on 4 Jun 15 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, dated 3 Oct 14, w/atchs. Exhibit B. Pertinent Excerpts from Personnel Records. Exhibit C. Letter, NGB/A1P, dated 17 Dec 14, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 4 May 15.