RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00016 

	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

1.  His active duty orders be extended from 26 Aug 16 to 30 Aug 16.
 
2.  His DD Form 214, Certificate of Release or Discharge From Active Duty, be changed to reflect the corrected mobilization end date.

APPLICANT CONTENDS THAT:

The release date on his AF Form 938, Request and Authorization for Active Duty Training/Active Duty Tour, dated 1 Sep 15, is incorrect.  Due to delays in troop movement, he did not return to his home station until 28 Jul 16.  He was then on reconstitution time through 10 Aug 16 and on leave 11 to 30 Aug 16 (20 days of leave accrued).  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in the grade of senior master sergeant.

According to AF Form 938, dated 1 Sep 15, the applicant was ordered to active duty under 10 U.S.C. §12302 in support of Operation FREEDOM SENTINEL from 6 Jan 16 to 26 Aug 16.

His DD Form 214, Certificate of Release or Discharge from Active Duty, reflects he performed a period of active duty from 6 Jan 16 to 26 Aug 16 in support of Operation FREEDOM SENTINEL, via 10 U.S.C. §12302, with credit for 7 months and 21 days of active duty service.

According to AFI 36-3003, Military Leave Program, paragraph 3.4.1, Members accrue 2.5 days leave for each month of 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/A1R recommends granting the application, indicating the new end date should reflect 31 Aug 16.   The applicant’s orders covered the period of 6 Jan 16 to 26 Aug 16.  According to unclassified information from the Deliberate and Crisis Action Planning and Execution Segments (DCAPES), the applicant departed the area of responsibility (AOR) on 28 Jul 16; however, his travel voucher reflects he returned home on 29 Jul 16.  Due to the conflicting dates, the Individual Personnel Readiness (IPR) office confirmed the applicant’s return date should be 28 Jul 16.  Based on this information, the demobilization date (orders end date) should be 31 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 23 Mar 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, the Board concludes that the applicant is the victim of an error and injustice.  The Board concurs with the rationale and recommendation of AFRC/A1R and finds that a preponderance of the evidence substantiates the applicant’s contentions.  The Board notes the applicant requests an extension of his active duty orders to 30 Aug 16; however, it appears based on the evidence the correct end date of his active duty tour for leave earned is 31 Aug 16.  With respect to the applicant’s request for a DD Form 214, once his active duty tour end date is corrected, his points and service history will be automatically adjusted by ARPC as is customary in these cases.  The Board 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 to preclude the possibility of a windfall.  Therefore, the Board recommends 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 released from mobilization under Title 10, United States Code, Section 12302 in support of Operation FREEDOM SENTINEL on 26 August 2016, but continued to serve on active duty, in an ordinary leave status, through 31 August 2016.

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-2017-00016 in Executive Session on 19 Jul 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 14 Dec 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFRC/A1R, dated 14 Mar 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 23 Mar 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.