RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04503 COUNSEL: NONE HEARING DESIRED: NOT INDICATED APPLICANT REQUESTS THAT: The end date of his mobilization travel orders for the period 14 Aug 13 to 12 May 14, be changed to 28 May 14. APPLICANT CONTENDS THAT: He was involuntarily activated under the authority of Title 10 United States Code (U.S.C.), 12302, during the period 14 Aug 13 through 12 May 14, in support of Operation ENDURING FREEDOM. He was delayed in returning from this deployment due delays in obtaining transportation. A request to have his mobilization end date extended was submitted; however, the request was not processed before the end date of his orders. As a result, he was forced to forfeit 16 days of military leave due to the fact that his orders ended on 12 May 14. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is currently serving in the Tennessee Air National Guard (ANG) in the grade of master sergeant (E-7). On 8 Mar 13, Special Order R-C000010, issued by the 241st Engineering Installation Squadron, Tennessee Air National Guard, Chattanooga, TN, called the applicant to active duty in accordance with 10 U.S.C 12302 for the period of 14 Aug 13 to 12 May 14. According to documentation provided by the applicant, his name is listed on group special mission travel orders, in support of an Operation ENDURING FREEDOM, from Tennessee, to Qatar, and return to Tennessee, with a proceed date on/about 10 Oct 13, for a period of 200 days. According 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, 13 May 14 – 28 May 14. According to the applicant’s official leave record, he accrued 22.5 days of leave. 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, indicating the applicant’s military records should be corrected to reflect compensation of military pay, points, and applicable benefits for 12.5 days (36.5 minus 24), by updating the end date of tour from 12 May 14 to 25 May 14. Headquarters, Air Force Space Command (AFSPC) Post Deployment Stand-Down Time (PDSDT) Policy, dated 20 Jul 12, 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 (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. Air Force Space Command (AFSPC) policy dated 20 Jul 12 provides guidance for PDSDT. 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. During the applicant’s orders for the period 14 Aug 13 through 12 May 14 and per AFI 36-3003, Military Leave Program, he earned 22.5 days of Regular Leave, documented on his Leave and Earning statement (LES). He would have been granted 14 days of Post Deployment Stand-Down Time (PDSDT) (maximum downtime) based on his 193 days deployed time-in-theater, in accordance with Air Force Space Command (AFSPC) policy. The applicant’s 14 Aug 13 to 12 May 14 orders only afforded him 24 days during which to use PDSDT (14 days) and Regular Leave (22.5 days), a total of 36.5 days. Additionally, his Deliberate and Crisis Action Planning and Execution Segments (DCAPES) records showed an original deployment time-in-theater end date of 14 Apr 14. The actual end date, in accordance with the member- filed travel voucher, was 19 Apr 14, an additional four 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 or subsequent active duty tours. Alternatively, in accordance with (IAW) AFI 36-3003, para 4.6., the applicant may receive payment for accrued leave. DoD 7000.14- R, Vol 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, Vol 7A, section 350102, para 2, leave earned on or after September 1, 1976 is valued using only basic pay. They recommended approval of the applicant’s request to change his activation order end date from 12 May 14 to 25 May 14, to include his military personnel records and compensation of military pay, points, and applicable benefits for 12.5 days (36.5 minus 24) of chargeable leave. A complete copy of the NGB/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 2 Nov 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 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. 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 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. Accordingly, we recommend the applicant's records 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 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 he was not released 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-2014-04503 in Executive Session on 22 Jan 16, 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-2014-04503 was considered: Exhibit A. DD Form 149, dated 10 Sep 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, NGB/A1P, dated 3 Dec 14, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 2 Nov 15.