RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04005

XXXXXXXXXXXXXX	COUNSEL: NONE	

  	HEARING: NOT INDICATED 

APPLICANT REQUESTS THAT:

His AF Form 938, Request and Authorization for Active Duty Training/Active Duty Tour, dated 1 Sep 15, be amended to show an end date of 30 Aug 16, instead of 26 Aug 16.   

APPLICANT CONTENDS THAT:

Due to transportation delays, his departure from his deployed location was delayed and he did not return to his home station until 28 Jul 16.  His post deployment stand down time started on 28 Jul 16 and ended on 10 Aug 16.  He then earned 20 days of leave from 11 Aug 16 to 30 Aug 16.   The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a technical sergeant in the Air Force Reserve.  

The applicant’s mobilization orders dated 1 Sep 15 shows he served a period of active duty from 6 Jan 16 to 26 Aug 16 per 10 U.SC. § 12302.  

He provides his leave and earning statement (LES) for the pay period ending 26 Sep 16, which shows he incurred a debt for pay and allowances from 27 Aug to 31 Aug 16.    

AFI 36-3003 Military Leave Program, paragraph 3.4.1, states members accrue 2.5 days leave for each month of active duty.       

AFI 36-2619, Military Personnel Appropriation Manday Program, paragraph 3.1, states the activation period will include down time (no more than 14 days) if authorized and accrued leave 2.5 days for every 30 days on active duty.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFRC/A1K recommends approval.  The applicant returned from his deployment on 28 Jul 16.  He earned 14 days of downtime (29 Jul to 13 Aug 16) and 17 days of leave from 14 to 30 Aug 16.   The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 9 Oct 18 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3. After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an error or injustice.  The Board concurs with AFRC/A1R and finds that a preponderance of the evidence substantiates the applicant’s contentions.  We also 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, the Board recommends 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 the Board’s understanding of the issues involved.

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 on 26 Aug 16, but continued to serve on active duty, in an ordinary leave status, through 30 Aug 16.  

The application was adjudicated without a personal appearance.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-04005 in Executive Session on 13 Nov 18:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted to correct the record.  The panel considered the following in Docket Number BC-2016-04005:

Exhibit A:	Application, DD Form 149, w/atchs, dated 28 Sep 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFRC/A1K, dated 1 Oct 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 9 Oct 18.  

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.