RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-01094

XXXXXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING: NO

APPLICANT REQUESTS THAT:

His Partial Mobilization (PM) orders be extended 11 days, from 7 Nov 17 to 18 Nov 17.  

APPLICANT CONTENDS THAT:

Due to administrative errors by his force support squadron (FSS), a request for an extension was not submitted prior to his orders ending on 7 Nov 17.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

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

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.  

The applicant’s PM Order Z7XPPE dated 30 Jan 17, reflects an end date of 7 Nov 17.

The applicant provides a travel voucher which shows he returned from deployment on 12 Oct 17.  The applicant would have earned 14 days post deployment stand-down time (13 Oct to 26 Oct 17) and 23 days of leave (27 Oct to 18 Nov 17).  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.  He did not return from deployment until 12 Nov 17 [sic] and his unit was unable to process a mobilization extension before the mobilization window closed.  The applicant should be compensated for all pay, points and benefits that were 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 12 Sep 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 7 Nov 17, but continued to serve on active duty, in an ordinary leave status, through 18 Nov 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-2018-01094 in Executive Session on 16 Oct 18:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted to correct the record.  The panel considered the following in Docket Number BC-2018-01094:

Exhibit A:	Application, DD Form 149, w/atchs, dated 4 Feb 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1XR, w/atchs, dated 17 Aug 18.  
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 12 Sep 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.