RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03400

	COUNSEL: NONE
	 
	HEARING: NO

APPLICANT REQUESTS THAT:

His Partial Mobilization Orders be extended from 26 May 17 to 3 Jun 17 and he receive the pay, benefits and entitlements.

APPLICANT CONTENDS THAT:

According to his PM orders, he was scheduled to leave the area of responsibility (AOR) on 20 Apr 17 and arrive at his home station on 24 Apr 17.  However, due to travel delays, he did not depart the AOR until 30 Apr 17.  He arrived at his home station on 1 May 17.  Due to the expiration of his PM orders, an extension request was not processed.  The applicant’s complete submission is at Exhibit A.
 
STATEMENT OF FACTS:

The applicant is a staff sergeant in the Air National Guard (ANG).

The applicant provides a copy of his paid travel voucher dated 6 Jul 17, which shows he returned to his home station on 1 May 17.  

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 of 2.5 days for every 30 days on active duty.  

AFI 10-403, Deployment Planning and Execution, paragraph 8.19, states units will in-process re-deployers within two days of their return date so they can begin post deployment downtime and leave as soon as possible.  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.  The applicant’s orders should be extended to 3 Jun 17 (8 days) as a result of travel delays departing the AOR.  He was required to use a portion of his earned leave in order to continue to serve while deployed as a result of the travel delay.    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 18 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 on 26 May 17, but continued to serve on active duty, in an ordinary leave status, through 3 Jun 17.    

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-2017-03400 in Executive Session on 26 Jun 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following in Docket Number BC-2017-03400:

Exhibit A:	Application, DD Form 149, w/atchs, dated 16 Jul 17. 
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1XR, w/atchs, dated 13 Feb 18. 
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 18 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.