RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-03411

	COUNSEL: NONE	 

  	HEARING: NO

APPLICANT REQUESTS THAT:

His Partial Mobilization (PM) orders be extended from 12 May 17 to 19 May 17, and he receive the associated pay, benefits and entitlements.  

APPLICANT CONTENDS THAT:

According to his PM orders, he was scheduled to leave the area of responsibility (AOR) on 6 Apr 17 and arrive at his home station on 10 Apr 17.  However, due to travel delays, he did not depart the AOR until 15 Apr 17.  He arrived at his home station on 16 Apr 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 technical sergeant in the Air National Guard (ANG).

His DD Form 214, Certificate of Release or Discharge from Active Duty, shows he completed a period of active duty from 29 Sep 16 to 17 May 17 in support of Operation FREEDOM SENTINEL in accordance with 10 U.S.C. § 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.  

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 for two additional days.  Several members from the 137th Air Refueling Wing (137 ARW) requested their orders be extended as a result of travel delays departing the AOR.  Upon investigation, NGB/A1XR determined most of the days requested were already corrected; however, there are still two days that remain to be compensated.  NGB/A1XR provides a spreadsheet which shows the applicant’s PM order end date was 17 May 17 and his orders should be extended to 19 May 17 for 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.  While the applicant requests his PM orders be extended from 12 May 17 to 19 May 17, it appears his orders ended on 17 May 17 and not 12 May 17, as reflected on his DD Form 214.  The Board concurs with NGB/A1XR that the applicant’s orders be extended for two additional days for an end date of 19 May 17, as requested by the applicant.  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 17 May 17, but continued to serve on active duty, in an ordinary leave status, through 19 May 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-2017-03411 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-2017-03411:

 	Exhibit A: Application, DD Form 149, w/atchs, dated 12 Jun 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1XR, w/atch, 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.