RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-02216

XXXXXXXXXXXXXX	COUNSEL: NONE	 

  	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His active duty orders be extended from 10 Aug 20 to 15 Aug 20.

APPLICANT’S CONTENTIONS

His orders were cut back to 10 Aug 20 and he is unable to file a travel voucher until his orders are corrected.  He earned 27.5 days of leave for his deployment from 22 Sep 19 to 21 Jun 20.  He had 14 days restriction of movement (ROM) for COVID-19 from 22 Jun 19 to 5 Jul 19, 14 days of rest and recuperation from 6 Jul 19 to 19 Jul 19 and leave from 20 Jul to 15 Aug 20.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a technical sergeant (E-6) in the Air Force Reserve.

AF Form 938, Request and Authorization for Active Duty Training/Active Duty Tour, dated 30 Sep 19 shows the applicant was placed on active duty orders in accordance with 10 U.S.C. § 12302 in support of Operation Freedom Sentinel from 26 Sep 19 to 12 May 20.  

On 12 May 20, the applicant’s partial mobilization (PM) order was amended to extend his tour end date to 10 Aug 20.  

The applicant provides AF Form 988, Leave Request Authorization, dated 7 Jul 20, requesting leave from 20 Jul 20 to 15 Aug 20.  

APPLICABLE AUTHORITY/GUIDANCE

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.  

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

AFRC/A1K recommends approval.  The applicant’s orders started on 22 Sep 19 and ended on 15 Aug 20.  His boots on ground for his deployment dates were 4 Oct 19 to 21 Jun 20 (261 days).  He was then placed on ROM for 14 days for COVID-19 (22 Jun to 5 Jul 20).  The applicant earned 14 days post-deployment stand down time (6 to 19 Jul 20) and 27 days of leave for his deployment, 20 Jul to 15 Aug 20.  

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 8 Oct 21 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 AFRC/A1KK and finds a preponderance of the evidence substantiates the applicant’s contentions.  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 the APPLICANT be corrected to show he was not released from mobilization under Title 10, United States Code, Section 12302 on 10 Aug 20, but continued to serve on active duty, in an ordinary leave status, through 15 Aug 20.  

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-2021-02216 in Executive Session on 20 Jan 22:

 , 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 22 Jun 21
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFRC/A1KK, dated 7 Oct 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 8 Oct 21.

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.