RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04427

XXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

The end date of her partial mobilization orders be extended from 1 Sep 17 to 9 Sep 17, to allow her to utilize Post Deployment Stand Down-Time (PDSDT) and accrued leave .

APPLICANT’S CONTENTIONS

Due to intra-theater travel delays she returned home from her deployment on 6 Aug 17 and based on 14 days of downtime and 19.5 days of accrued leave her new order end date should be 9 Sep 17, instead of 1 Sep 17.

The applicant’s complete submission is at Exhibit A. 

STATEMENT OF FACTS

The applicant is an Air National Guard staff sergeant (E-5). 

On 23 Aug 16,  Order Number Z7TUNH, issued by the Air National Guard, recalled the applicant to active duty in accordance with Title 10 United States Code, Section 12302: Ready Reserve, for the period of 19 Jan 17 to 1 Sep 17, in support of Operation INHERENT RESOLVE (ISIS).

On 6 Aug 17, according to a travel voucher and a memorandum from the Installation Personnel Readiness Center, provided by the applicant, she returned to her home station from her deployment 

On 2 Apr 18, the applicant was issued a DD Form 214, Certificate of Release or Discharge from Active Duty, for period 19 Jan 17 to 1 Sep 17, in support of Operation INHERENT RESOLVE and was in the area of responsibility from 25 Jan 17 to 5 Aug 17.  

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

APPLICABLE AUTHORITY

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

AFI 10-402, Mobilization Planning, 8 Mar 18, paragraph 1.4.2. “The mobilization period will include pre-deployment administrative actions, travel, deployment, reconstitution time, earned leave, Major Command downtime or post-deployment administrative actions if downtime is not authorized, and administrative absence days (accrued under Post-Deployment/Mobilization Respite Absence in accordance with Air Force Instruction 36-3003, Military Leave Program).”

PDSDT Policy memorandum, dated 22 Aug 18 states, “…members will be given 1 day off for each 6 days deployed while traveling on Contingency, Exercise and Deployment (CED) orders, totaling a maximum of 14 days.”  Based on the number of days the applicant was deployed, he would have earned the maximum of 14 days downtime.   

AIR FORCE EVALUATION

NGB/A1XR, recommends granting the application.  The applicant’s return from her deployment tasking was delayed through no fault of her own, and as a result, shortened the number of authorized redeployment days.  The applicant was deployed from 19 Jan 17 through 6 Aug 17 for 199 days and is entitled to 14 days of PDSDT to be used for the period 7 Aug 17 through 20 Aug 17.  The applicant accrued 18 days of leave during her deployment and should have been allowed to be used from 21Aug 17 through 7 Sep 17.  She accrued an additional 1.5 days of leave due to the extension of the orders that will allow her to utilize her PDSDT and accrued leave, which puts the new orders end date at 9 Sep 17. 

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 10 Mar 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of NGB/A1X and finds a preponderance of the evidence substantiates the applicant’s contentions.  The Board also believes it is appropriate to further correct the applicant’s records to reflect that the period 21 Aug 17 – 9 Sep 17 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 correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show she was not released from mobilization under Title 10, United States Code, Section 12302: Ready Reserve, in support of Operation INHERENT RESOLVE (ISIS) on 1 Sep 17, but continued to serve on active duty, in an ordinary leave status until 9 Sep 2017.  

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-2019-04427 in Executive Session on 8 May 20:

	, Panel Chair
	, Panel Member
	, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 29 Jul 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1XR, dated 10 Feb 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 10 Mar 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.