RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-01833

XXXX X. XXXX	COUNSEL: NONE
	
 	HEARING REQUESTED: YES

APPLICANT’S REQUEST

He be awarded two days of leave for his Reserve Order with an 11 May 20 start date.

APPLICANT’S CONTENTIONS

His leave was not properly calculated or approved prior to the end of the mobilization order.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force Reserve senior airman (E-4).

On 27 Apr 18, a Report on Individual Personnel reflects the applicant’s Effective Duty Date at XXXX.

On 15 May 20, Reserve Order Number XXXX, provided by the applicant, was published and shows he was ordered to XXXX pursuant to 10 U.S.C. § 12301 (d) from 11 May 20 to 13 Oct 20.

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

APPLICABLE AUTHORITY/GUIDANCE

AFI 36-3003, Military Leave Program, Chapter 7,  Post Deployment/Mobilization Respite Absence (PDMRA), dated 24 Aug 20.  According to paragraph 7.3. Creditable Time for Reserve Component (RC), RC Airmen who, on the first day of their current qualifying mobilization/deployment, had been mobilized pursuant to 10 U.S.C. § 12301(a), Reserve Components Generally, 10 U.S.C. § 12302, Ready Reserve – The Under Secretary of Defense, or 10 U.S.C. § 12304 Selected Reserve and Certain Individual Ready Reserve Members; Order to Active Duty other than During War or National Emergency, in excess of 12 months out of the previous 72 months, and who meet the other eligibility criteria contained in this enclosure, qualify for PDMRA days. In addition, voluntary deployments on 10 U.S.C. § 12301(d) orders to a Combat Zone Tax Exclusion  area will be used for determining creditable time for PDMRA accrual.

AIR FORCE EVALUATION

AFRC/A1KK recommends denying the application.  Based on the documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice. Current downtime policy states, upon completion of the post-deployment administrative actions, a member returning from a deployment may be authorized a period of downtime, as allowed and defined by the leading Major Command, permitted to take leave or take PDMRA, as applicable.  The applicant was within the commuting distance of his residence and did not meet the criteria to be considered “deployed.” Therefore, in accordance with current policy, downtime was not authorized.  Only accrued military leave was earned.  Upon review of the applicant’s records, his military leave started 1 Oct 20 and ended 13 Oct 20 (the current end date of the order).  The leave was appropriately factored into the current order.  

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 9 Feb 22 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 not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFRC/A1KK and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Specifically, the applicant was assigned within commuting distance of his residence and did not meet the criteria to receive downtime or PDMRA.  Therefore, the Board recommends against correcting the applicant’s records.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2021-01833 in Executive Session on 3 Mar 22 and 14 Mar 22:

, Panel Chair
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 15 Apr 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFRC/A1KK, dated 7 Feb 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 9 Feb 22.

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.