RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00060

XXXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Her active duty order ending on 31 Aug 19 be extended to 7 Sep 19.  

APPLICANT’S CONTENTIONS

The new end date to accommodate her leave earned during the tasking was not accomplished in the Manpower Military Personnel Appropriation (MPA) Man-Day Management System (M4S) before the order end date; and therefore, could not be accomplished.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a major (O-4) in the Air National Guard.  

On 25 Oct 18, Order Number ZA17DD, issued by the Air National Guard, recalled the applicant to active duty in accordance with Title 10 United States Code, Section 12301, for the period 18 Jan 19 through 31 Aug 19, in support of Operation INHERENT RESOLVE (ISIS).

On 3 Aug 19, according to a travel voucher provided by the applicant, she returned to her home station from her deployment.  She provides a copy of her leave form in which she requests 20 days of leave through 7 Sep 19.

On 28 Oct 19, according to a letter from the applicant’s unit deployment manager (UDM), she was instructed to submit a BCMR application for an extension of her orders to 7 Sep 19.

The applicant’s pay and points record does not show she received pay or points for the period 1 to 7 Sep 19, the period for which she requests an extension.  
 
For more information, see the excerpt of the applicant’s record at Exhibit B and the memorandum at Exhibit C.

APPLICABLE AUTHORITY

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. 

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, she would have earned the maximum of 14 days downtime.

AIR FORCE EVALUATION

NGB/A1XR provides a memorandum from the applicant’s force support flight (FSF) installation personnel readiness (IPR) office dated 27 Apr 20, which states, NGB could not add the extra days to the tasking to accommodate the leave earned during deployment.  The complete memorandum is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the provided FSF memorandum to the applicant on 6 Oct 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 thoroughly reviewing all Exhibit and the applicable authority, it is the Board’s opinion the applicant is the victim of an error or injustice.  Through no fault of the applicant, an extension to her mobilization orders was not timely submitted, which prevented her from utilizing her leave.  The Board also believes it is appropriate to correct the applicant’s records to reflect that said period be 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.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that she was not released from mobilization under Title 10, United States Code, Section 12301, in support of Operation INHERENT RESOLVE (ISIS) on 31 Aug 19, but continued to serve on active duty, in an ordinary leave status, through 7 Sep 19.  

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-2020-00060 in Executive Session on 22 Oct 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 2 Dec 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Memorandum, 168 FSF/FSOX, dated 27 Apr 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 6 Oct 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.