RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00195

	COUNSEL: NONE

  	HEARING: NO

APPLICANT REQUESTS THAT:

His Partial Mobilization (PM) orders be extended from 4 Nov 16 to 7 Nov 16 and he receive the associated back pay, points and entitlements.  

APPLICANT CONTENDS THAT:

Due to an administrative oversight, he was demobilized from active duty prior to his PM orders being extended.  He was delayed departing the area of responsibility (AOR) due to no fault of his own.  His new end date should be 7 Nov 16 based on 7 days of downtime and 8 days of leave he earned.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a senior master sergeant in the Air National Guard.  

His DD Form 214, Certificate of Release or Discharge from Active Duty, shows he completed a period of active duty from 2 Aug 16 to 4 Nov 16 in support of Operation FREEDOM SENTINEL in accordance with 10 U.SC. § 12302.  

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:

NGB/A1XR recommends approval for extension of his PM orders for the extended 3 days for the travel delay period and he be paid and compensated for points earned.   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 10 May 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 NGB/A1XR 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.

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 4 Nov 16, but continued to serve on active duty, in an ordinary leave status, through 7 Nov 16.  

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-2017-00195 in Executive Session on 12 Jun 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following in Docket Number BC-2017-00195:

Exhibit A:	Application, DD Form 149, w/atchs, dated 26 Jan 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, w/atchs, NGB/A1XR, dated 30 Jan 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 10 May 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.