RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-01232

	COUNSEL 

  	HEARING: YES

APPLICANT REQUESTS THAT:

His Partial Mobilization (PM) orders be extended from 10 Feb 17 to 12 Feb 17, he receive the associated back pay, benefits and entitlements and his DD Form 214, Certificate of Release or Discharge from Active Duty, be amended to reflect the two day extension.  

APPLICANT CONTENDS THAT:

Due to transportation delays, his return to his home station was delayed.  The request for extension of his PM orders was submitted; however, due to administrative errors it was not processed correctly.  The extension requests for two of the four members who traveled together were approved.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a senior master sergeant in the Air Force Reserve. 

His DD Form 214 shows he completed a period of active duty from 27 Aug 16 to 10 Feb 17 in support of Operation INHERENT RESOLVE in accordance with 10 U.SC. § 12301.  

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/A1R recommends approval.  The applicant’s PM orders started on 27 Aug 16 and ended on 10 Feb 17.  He departed Al Udeid, Qatar on 13 Jan 17 and arrived at his home station on 15 Jan 17.  The applicant’s travel voucher supports his return date of 15 Jan 17.  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 3 Apr 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 in support of Operation INHERENT RESOLVE on 10 Feb 17, but continued to serve on active duty, in an ordinary leave status, through 12 Feb 17.  

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-2017-01232 in Executive Session on 8 May 18:

The panel considered the following in Docket Number BC-2017-01232:

Exhibit A:	Application, DD Form 149, w/atchs, dated 8 Mar 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFRC/A1R, dated 19 Mar 18.  
Exhibit D:	Notification of Advisory, 3 Apr 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.