RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04490 XXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NOT INDICATED APPLICANT REQUESTS THAT: The end date of his mobilization travel orders [Special Order R- C000015] be extended from 12 May 2014 to 26 May 2014, to allow him to utilize Post Deployment Stand Down Time (PDSDT) and leave. APPLICANT CONTENDS THAT: He was not afforded the opportunity to take military leave after returning from his 6-month deployment. As a result, he was forced to forfeit 16 days of leave. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is currently serving as a member of the Tennessee Air National Guard in the grade of staff sergeant (E-5). On 8 March 2013, Special Order R-C000015, issued by the Tennessee Air National Guard, recalled the applicant to active duty in support of Operation ENDURING FREEDOM in accordance with Title 10 United States Code, Section 12302, Ready Reserve, for the period of 14 August 2013 to 12 May 2014. In accordance with Air Combat Command (ACC) Post-Deployment Downtime Guidance Memorandum, dated 12 April 2011, for deployments over 90 days, commanders may provide four compensatory days and not more than 10 days of unscheduled time to tend to personal and professional matters (14 days total) deferred while deployed, and the post-deployment downtime will start as soon as possible following return to home station, not to exceed 72 hours after return. According to the applicant’s Leave Record as of 30 April 2015, for the period of 14 August 2013 to 12 May 2014, his leave balance is 22.5 days. According to the applicant’s Point Credit Accounting and Reporting System (PCARS) printout dated 1 April 2016, he performed active duty during the period of 12 to 24 May 2014. AIR FORCE EVALUATION: NGB/A1PR recommends the applicant’s activation order end date be changed from 12 May 2014 to 26 May 2014. This change will correct the applicant’s military personnel records and compensation of military pay, points, and applicable benefits for 13.5 days (38.5 minus 25) of chargeable leave. The Deliberate and Crisis Action Planning and Execution Segments (DCAPES) records showed the applicant’s original deployment time- in-theater end date was 19 April 2014. However, the actual end date, in accordance with the applicant’s filed travel voucher, was 17 April 2014. The applicant arrived on 17 April 2014 at home station in accordance with the DCAPES record. The applicant’s leave is calculated from 14 August 2013 (the start of the order) to 3 May 2014 (14 PDSDT and 2 in-processing days from date arrived home station), which equals 22.5 days. The applicant’s 14 August 2013 to 12 May 2014 orders only afforded him 25 days to allow 2 days of in-processing and to use PDSDT (14 days) and Regular Leave (22.5 days), a total of 38.5 days. The unit authorized and scheduled the applicant’s in-processing over a two day period in accordance with AFI 10-403, Deployment Planning and Execution, paragraph 8.19.1.2, which states “redeployers are to be in-processed within 2-duty days of R-day so that redeployers can begin personnel recovery (post deployment downtime and leave) as soon as possible.” Though AFI 36-2619, Military Personnel Appropriation Manday Program, dated 18 July 2014, states members are not allowed in-processing time if authorized downtime, the applicant’s deployment ended prior to the effective date of the instruction. Neither the previous AFI 36- 2619, dated 22 July 1994, nor the Air Force Space Command (AFSC) PDSDT address in-processing. A complete copy of the NGB/A1PR evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: On 17 August 2015, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. ADDITIONAL AIR FORCE EVALUATION: NGB/A1PR previously recommended correcting the applicant’s military records and compensation of military pay, points, and applicable benefits for 13.5 days of accrued leave. However, in review of the recommendation it was discovered that the 2 days of in-processing was erroneously included in the original calculation. In accordance with the AFSC PDSDT Policy and the MPA Man-day Policy Update memorandum, 2 days of in-processing is only included if reconstitution time is not authorized. As a result the previous recommendation was rescinded. DCAPES records showed the applicant’s original deployment time-in- theater end date was 19 April 2014. However, the actual end date, in accordance with the applicant filed travel voucher, was 1 April 2014, and he arrived at his home station on 17 April 2014. The delay in travel to the home station extended the period of days on orders for the applicant to receive an additional day of accrued leave, increasing the earned leave from 22.5 to 23.5 days However, the applicant’s 14 August 2014 to 12 May 2014 orders only afforded him 25 days to use only PDSDT (14 days) and accrued leave (23.5 days), a total 37.5 days. NGB/A1PR now recommends the applicant’s activation order end date be changed from 12 May 2013 to 24 May 2014, for military points and applicable benefits for 12 days of accrued leave. In accordance with the 2014 pay calendar, the applicant did not perform active duty service during the recommended extended activation period. A complete copy of the NGB/A1PR evaluation, with attachments, is at Exhibit E. APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: On 29 October 2015, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit F). 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. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We note NGB/A1PR recommends the applicant’s order end date be changed from 12 May 2014 to 24 May 2014. However, according to the applicant’s PCARS printout dated 1 April 2016, he served in an active duty capacity during the period of time immediately following his return from deployment, which prevents the Board from extending the end date of his deployment orders for the purpose of placing him in ordinary leave status. Although the applicant contends he was forced to forfeit 16 days of leave, according to the applicant’s Leave Record as of 30 April 2015, he had a leave balance of 22.5 days with zero days leave lost. Therefore, we conclude the applicant has failed to sustain his burden of proof that he has been the victim of an error or injustice. In view of the above and in the absence of persuasive evidence that he was denied rights to which he was entitled, we find no basis to recommend granting the relief sought in this application. 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 DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. The following members of the Board considered AFBCMR Docket Number BC-2014-04490 in Executive Session on 21 January 2016 and 13 April 2016, under the provisions of AFI 36-2603: , Panel Chair , Member , Member Due to the unavailability of XXXXXXXXXX , XXXXXXXXXX will sign as Acting Panel Chair. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 September 2014, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, NGB/A1P, dated 27 April 2015, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 17 August 2015. Exhibit E. Memorandum, NGB/A1PR, dated 29 October 2015, w/atchs. Exhibit F. Letter, SAF/MRBR, dated 29 October 2015.