RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04505 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The end date on his activation order, Order Number 15EHYW, dated 4 May 13, be changed from 12 May 14 to 2 Jun 14. APPLICANT CONTENDS THAT: He was unjustly forced to forfeit 16 days of military leave. He was involuntarily activated under Title 10 orders in support of Operation ENDURING FREEDOM. When he returned from deployment, his order end date precluded him from taking the military leave he earned. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant served in the Air National Guard during the matter under review. On 4 May 13, the applicant was issued Order Number 15EHYW, activating him in support of Operation ENDURING FREEDOM during the period 14 Aug 13 through 12 May 14. In accordance with AFI 36-2619, Military Personnel Appropriation Manday Program, a military personnel appropriation (MPA) manday request typically includes mandays to cover pre-deployment training. The Air Expeditionary Force (AEF) rotation tour states that travel, downtime and leave elements are programmatically calculated by the Air Force-directed MPA manday data system at the time of an AEF tour input. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: NGB/A1P recommends granting partial relief indicating there is evidence of an error or an injustice. The Deliberate and Crisis Action Planning and Execution Segments (DCAPES) records showed the member’s original deployment time-in-theater end date was 16 Apr 14. However, the actual end date, in accordance with the member-filed travel voucher, was 22 Apr 14. The member arrived at home station on 23 Apr 14. Therefore, the member’s leave should have been calculated from 14 Aug 13 (the start of the order) to 12 May 14, which would have authorized him 14 days of Post Deployment Stand-Down Time (PDSDT), two days for in-processing days, and 23 days of regular leave. The applicant would have required a total of 39 days after returning from deployment to take all of his authorized time. The member’s 14 Aug 13 to 12 May 14 orders only afforded him 19 days to utilize what should have been 39 days, preventing him from utilizing 20 days of total authorized time. Recommend changing the member’s activation order end date from 12 May 14 to 1 Jun 14. 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 9 Sep 14 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 of NGB/A1P and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. However, while we agree with the opinion of the NGB/A1P that the applicant was entitled to use an additional 20 days of accrued leave in conjunction with his deployment, and correcting the record to extend his orders allows the applicant to receive compensation of military pay, points and applicable benefits, the applicant provided no evidence that the leave system worked improperly and that as a result he lost leave. Further, the applicant had conflicting collateral duty beginning on 31 May 14 so the NGB/A1P recommendation to extend the applicant’s active duty orders to 1 Jun 14 cannot be fully implemented, as his adjusted orders-end-date can be no later than 30 May 14. We also believe it is appropriate that the period of time the orders are extended be classified as ordinary leave to ensure the applicant is charged for the used leave and preclude the possibility of an unearned windfall. Finally, any remaining unused leave associated with this deployment after the 30 May 14 end-of-orders date is established will be added to the applicant’s leave balance and remain available to him to either sell or take in the future. Accordingly, the applicant’s records should be corrected to the extent 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 he was not released from active duty under Order Number 15EHYW, dated 4 May 2013, on 12 May 2014, but continued to serve in an ordinary leave status through 30 May 2014. The following members of the Board considered AFBCMR Docket Number BC-2014-04505 in Executive Session on 27 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 was considered: Exhibit A.  DD Form 149, dated 9 Sep 14, w/atchs. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, NGB/A1P, dated 17 Jun 15, w/atchs. Exhibit D.  Letter, SAF/MRBR, dated 15 Sep 15. 3