RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2018-02092

XXXXXXXXXXXXXXXX.	COUNSEL:  NONE 

  	HEARING:  NO

APPLICANT REQUESTS THAT:

In a group submission, AF/RE requests Partial Mobilization (PM) orders be extended and the affected Reserve Airmen receive the associated back pay, benefits, and entitlements. 

APPLICANT CONTENDS THAT:

Due to communication breakdown at various levels, the requests for extension of PM orders for Reserve Airmen assigned to Patrick AFB, FL, Dover AFB, DE and Joint Base Lewis-McChord, WA were not submitted prior to the expiration of their orders.  As a result, they did not receive all earned benefits and entitlements.  The complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a currently serving Technical Sergeant in the Air Force Reserve. 

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 36-3003 Military Leave Program, paragraph 3.4.1, states members accrue 2.5 days leave for each month of active duty. 

Air Force Reserve Command (AFRC) Guidance Memorandum on Downtime Policy, dated 5 Dec 17, paragraph 11.13.5.2. states, “Downtime starts the day after the member returns to home station from the deployed location.  If the day after a member returns to home station falls on a weekend or holiday, that day counts as a part of downtime.”  (Exhibit C)

The applicant’s PM orders show he was tasked for a period of active duty from 22 Jan 17 to 2 Jul 17 in accordance with 10 U.SC. § 12302.  Per the spreadsheet provided by AF/REP, the applicant’s orders should be extended from 2 Jul 17 to 10 Jul 17.  

The applicant returned to his home station on 12 Jun 17, earned 14 days downtime (through 26 Jun 17), and 14.5 days of leave (through 10 Jul 17).  The applicant was not charged for 14 days of leave.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit D.

AIR FORCE EVALUATION:

AFRC FCG/CC requests an exception to policy for extension of expired PM orders.  AFBCMR approval is required in order for members to take leave and complete final travel vouchers.  A working group convened to review the documentation submitted by members affected.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

In order to expedite processing, a copy of the Air Force evaluation was not provided to the applicant by the AFBCMR.  However, AF/REP coordinated with units and affected members.

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 the applicant is the victim of an error or injustice.  The Board concurs with AF/RE and finds a preponderance of the evidence substantiates the contentions.  We also believe it is appropriate to correct the applicant’s records to reflect the period 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 he was not released from mobilization under Title 10, United States Code, Section 12302 on 2 July 2017, but continued to serve on active duty through 10 July 2017, with ordinary leave charged from 27 June 2017 through 10 July 2017.  Applicant has been credited with pay/active duty points for the additional period.

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-2018-02092 in Executive Session on 9 Aug 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record as recommended.  The panel considered the following in Docket Number BC-2018-02092:

Exhibit A:	Application, DD Form 149, dated 30 May 18.  
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C: Policy Memorandum, AFRC/CC, dated 5 Dec 17.
Exhibit D:	Advisory opinion, w/atchs, AF/RE, dated 8 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.