RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-04658

	COUNSEL: NONE	 

  	HEARING: NO

APPLICANT REQUESTS THAT:

His Partial Mobilization (PM) orders be extended from 23 May 17 to 30 May 17 and he receive the associated back pay, points and entitlements.  

APPLICANT CONTENDS THAT:

His PM orders should be extended by 8 days.  He was delayed departing the area of responsibility (AOR).  He returned from deployment on 27 Apr 17 and started 14 days of down time (28 Apr to 11 May 17).  He accrued 19 days of leave, which should been from 12 to 30 May 17.    His orders expired before the request for an extension was processed.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

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

His DD Form 214, Certificate of Release or Discharge from Active Duty, shows he served a period of active duty from 11 Oct 16 to 22 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.  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 and further recommends the applicant be paid for an additional half day of earned leave, which accumulated during the additional 8 days.  The applicant did not request additional pay for the half day of leave earned; however, per AFI 36-3003, Military Leave Programs, extending his mobilization orders until 30 May 17 would earn him an additional half day of leave.  No points or benefits would be awarded for the additional half day.  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 12 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, it is the Board’s opinion that the applicant is the victim of an error and 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:

          a.  He was not released from mobilization under Title 10, United States Code, Section 12302 in support of Operation FREEDOM SENTINEL on 22 May 17, but continued to serve on active duty, in an ordinary leave status, through 30 May 17.  

          b.  He be paid for a half day of leave earned from 23 May 17 to 30 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-2017-04658 in Executive Session on 8 May 17:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following in Docket Number BC-2017-04658:

Exhibit A:	Application, DD Form 149, w/atchs, dated 7 Jun 17.  
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1XR, w/atchs, dated 5 Feb 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 12 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.