RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04496 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His end of tour date in support of Operation ENDURING FREEDOM (OEF), under Title 10 USC § 12302, during the period of 14 August 2013 through 12 May 2014 be corrected to reflect the ending date of 28 May 2014 instead of 12 May 2014, allowing him the opportunity to utilize all earned leave associated with his tour. APPLICANT CONTENDS THAT: His tour was involuntarily extended due to the delayed arrival of his replacement and rotator flight out of country. He was unable to extend his deployment orders causing him to forfeit earned leave and benefits due to the established termination date of his orders. Specifically, he was not afforded the opportunity to take his earned military leave when he returned from his six month deployment. His orders should have been extended by 16 days enabling him to accrue additional leave days, benefits and additional service credit. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant’s military personnel records indicate he served on extended active duty as a member of the Air National Guard (ANG) in the grade of technical sergeant (E-6) during the matter under review. On 8 March 2013, the applicant was ordered to active duty in support of OEF, for the period of 14 August 2013 through 12 May 2014. 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. In accordance with (IAW) Air Force Instruction (AFI) 10-403, Deployment Planning and Execution, the re-deployers are to be in-processed with two duty days of R-day so that they can begin personnel recovery (post deployment downtown and leave) as soon as possible. In this case, the applicant’s unit authorized and scheduled his in-processing over a two day period. Although AFI 36-2619, Military Personnel Appropriation Manday Program, dated 18 July 2014, indicate that members are not allowed in-processing time if authorized downtime, the applicant’s deployment ended prior to the effective date of this instruction. Neither the previous AFI 36-2619 that is dated 22 July 1994, nor Headquarters, Air Force Space Command (AFSC) Post Deployment Stand-Down Time (PDSDT) Policy address in-processing. During the period of 14 August 2013 through 12 May 2014 and per AFI 36-3003, Military Leave Program, the applicant earned 22.5 days of regular leave as documented on the Defense Joint Military Pay System – Reserve Component record. He was granted and took 14 days of PDSDT (maximum downtime) based on his 183 days deployed time-in-theater, IAW the AFSC PDSDT Policy. The Deliberate and Crisis Action Planning and Execution Segments (DCAPES) records indicate the applicant’s original deployment time-in-theater ended on 14 April 2014. However, the actual end date, IAW the member-filed travel voucher, it was 18 April 2014. Also, IAW the DCAPES record, he arrived at his home station on 19 April 2014. The applicant’s leave should have been calculated from 14 August 2013 (the start of the order) to 5 May 2014 (14 PDSDT and two 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 23 days to allow two days of in-processing and to use PDSDT (14 days) and regular leave (22.5 days), a total of 38.5 days. By updating the applicant’s end of tour date to reflect 28 May 2014 instead of 12 May 2014, he will receive compensation of military pay, points, and applicable benefits for an additional 15.5 days, which represent 38.5 cumulative leave days minus the 23 available leave days. 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 2 September 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 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 record be corrected to reflect that he was not released from active duty on 12 May 2014, but continued to serve until 28 May 2014, 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 records be corrected 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 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 extended active duty, in an ordinary leave status, until 28 May 2014. The following members of the Board considered AFBCMR Docket Number BC-2014-04496 in Executive Session on 15 October 2015 under the provisions of AFI 36-2603: Chair Member Member All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-04496 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 27 April 2015. Exhibit D.  Letter, SAF/MRBR, dated 2 September 2015.