RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04495 XXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NOT INDICATED APPLICANT REQUESTS THAT: The end date of his mobilization travel orders [Special Order R- C000053] be extended from 12 May 2014 to 5 June 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. In support of his request, the applicant provides a copy of his Leave and Earnings Statement (LES) from September 2014 that reflects a leave balance of 22.5 days and various other documents associated with his request. 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 (ANG) in the grade of technical sergeant (E- 6). On 8 March 2013, Special Order R-C000053, issued by the Tennessee ANG, recalled the applicant to active duty 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 the 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 Point Credit Accounting and Reporting System printout dated 1 April 2016, the applicant served on active duty during the period he is requesting his orders be extended (12-31 May 2014). The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force office of primary responsibility (OPR), which are included at Exhibits C and E. AIR FORCE EVALUATION: NGB/A1PR recommends the applicant’s activation order end date be changed from 12 May 2014 to 4 June 2014. This change will correct the applicant’s military personnel records and compensation of military pay, points, and applicable benefits for 23 days [sic] (39 minus 16) 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 25 April 2014. The applicant arrived at home station on 26 April 2014 in accordance with the DCAPES record. The applicant’s leave should have been calculated from 14 August 2013 (the start of the order) to 12 May 2014, calculated as 16 days after date arrived at home station (14 PDSDT, the maximum downtime in accordance with the AFSC PDSDT Policy, and two in- processing days). This totals 23 days [sic] of regular leave. The applicant’s 14 August 2013 to 12 May 2014 orders only afforded him 16 days to allow the 2 days of in-processing to use PDSDT (14 days), which he took, and to execute his Regular Leave (23 days [sic] ), a total of 39 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/A1P evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF 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/A1P previously recommended correcting the applicant’s military records and compensation of military pay, points, and applicable benefits for 23 days [sic] (39 minus 16) of chargeable leave, by updating the end date of tour from 12 May 2014 to 4 June 2014. 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 result the previous recommendation is rescinded. DCAPES records showed the applicant’s original deployment time- in-theater end date was 18 April 2014. However, the actual end date, in accordance with the applicant filed travel voucher, was 25 April 2014, and he arrived at his home station on 26 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 to 24.5 days. However, the applicant’s 14 August 2014 to 12 May 2014 orders only afforded him 16 days to use only PDSDT (14 days), which he took, and accrued leave (24.5 days), a total 38.5 days. NGB/A1PR now recommends the applicant’s activation order end date be changed from 12 May 2013 to 3 June 2014, for military points and applicable benefits for 22.5 days (38.5 minus 16) 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 3 June 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, the applicant’s LES dated September 2014, reflects a balance of 22.5 days of leave with zero days 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-2014-04495 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 pertaining to AFBCMR Docket Number BC-2014-04495 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 17 June 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.