RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04484 COUNSEL: NONE HEARING DESIRED: NONE INDICATED APPLICANT REQUESTS THAT: His mobilization travel orders be extended from 12 May 2014 to 28 May 2014. APPLICANT CONTENDS THAT: He was involuntarily activated in support of OPERATION ENDURING FREEDOM. He was not afforded the opportunity to take earned leave when he returned from his six month deployment. He was forced to forfeit 16 days of military leave due to the end date of his orders. His orders ended before an extension could be filed which has resulted in the loss of pay, benefits and entitlements earned while deployed. 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 master sergeant. On 8 March 2013, the applicant was ordered to active duty in support of OPERATION ENDURING FREEDOM for the period of 14 August 2013 through 12 May 2014. According to his DD Form 214, Certificate of Release or Discharge From Active Duty, he was demobilized on 12 May 2014. He was credited with 8 months and 29 days of active service. According to the applicant’s travel voucher, he arrived at home station on 19 Apr 14. The applicant did not perform conflicting duty during the requested order extension period. 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 partial approval by updating the end date of the applicant’s tour from 12 May 2014 to 25 May 2015. He will receive compensation of military pay, points, and applicable benefits for 13.5 days (36.5 minus 23 days) of chargeable leave. During the applicant’s orders for the period of 14 August 2013 through 12 May 2014 and per AFI 36-3003, Military Leave Program, he earned 22.5 days of Regular Leave, documented on his Leave and Earnings Statement (LES). The applicant was entitled to 14 days of PDSDT (maximum downtime) based on his 192 days deployed time-in-theater, in accordance with the AFSC Policy. The Deliberate and Crisis Action Planning and Execution Segments (DCAPES) records show the applicant’s original deployment time-in-theater end date was 14 April 2014. However, the actual end date in accordance with the member-file voucher was 18 April 2014, an additional four days. The applicant’s leave is calculated from 14 August 2013 (the start of the order) to 12 May 2014 (14 PDSDT days). This totals 22.5 days of regular leave. The applicant’s 14 August 2013 to 12 May 2014 orders only afforded him 23 days to allow him to use PDSDT (14 days) which he took and to execute his Regular (ordinary) Leave (22.5 days). He would have required 36.5 days to take all of his allowable leave. A complete copy of the NGB/A1P 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 17 February 2015 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 in part with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale in part 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 12 May 2014, but continued to serve until 25 May 2014, we believe the applicant’s request for 28 May 2014 is correct. As multiple order extension cases were presented to the BCMR, the Board was able to identify discrepancies in details presented by the OPR in its advisory that warrant independent judgment by the Board. In that regard, we note the OPR excluded in-processing days from its calculations where downtime was granted, in accordance with an AFI provision published after the member had completed his orders. The previous version of AFI 36-2619 did not address this issue, and the AFSPC PDSDT policy in effect at the time specifically stated that members must complete in-processing prior to PDSDT. As such, we believe the inclusion of these days, as the board did in similar cases, is appropriate. When we calculate the order end date from the date arrived station (19 Apr 14) plus 16 days (2 in-processing and 14 PDSDT days taken) and 22.5 days of leave, we arrive at 28 May 14 as the date necessary to take all of his accrued leave. Further, 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. 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 this 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 relieved from mobilization under Title 10, United States Code, Section 12302 in support of Operation ENDURING FREEDOM on 12 May 2014, but continued to serve on active duty, in an ordinary leave status, until 28 May 2014. The following members of the Board considered AFBCMR Docket Number BC-2014-04484 in Executive Session on 24 June 2015 under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-04484 was considered: Exhibit A.  DD Form 149, dated 9 September 2014, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, NGB/A1P, dated 2 December 2014, w/atchs. Exhibit D.  Letter, SAF/MRBR, dated 17 February 2015.