RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01043 COUNSEL: NO HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His orders be amended to reflect 29 Sep 11 – 1 Dec 11. _________________________________________________________________ APPLICANT CONTENDS THAT: His original orders were from 29 Sep 11 - 15 Nov 11. Due to weather and training delays his training was extended until 1 Dec 11. His orders were not amended to coincide with the new date. Consequently, he has a break in orders from 15 Nov to 1 Dec 11. In support of his request, the applicant provides a personal statement, copies of email communiqués, and various other documents associated with his appeal. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving on active duty in the grade of captain. In Accordance With (IAW) Public Law 10 United States Code (USC) 12315, Reserves: Duty with or without pay, any Reserve may be ordered to active duty or other duty: 1) with the pay and allowances provided by law; or 2) with his consent, without pay. Duty without pay shall be considered for all purposes as if it were duty with pay. A Reserve who is kept on active duty after his term of service expires is entitled to pay and allowance while on that duty, except as they may be forfeited under the approved sentence of a court-martial or by non-judicial punishment by a commanding officer or when he is otherwise in a non-pay status. _________________________________________________________________ AIR FORCE EVALUATION: NGB/FMFF recommends approval. The applicant was told to report for duty and did so in good faith. Verbal orders were issued and IAW ANGI 33-328, Administrative Orders and AFI 65-103, Temporary Duty Orders, the unit should have issued written orders as soon as possible. Since the applicant did not agree to work for points only, he must be compensated for the duty performed IAW public law. The complete FMFF evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 6 Apr 13, for review and comment within 30 days (Exhibit D). As of this date, this office has not received a response. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: After reviewing the NGB/FMFF advisory opinion, dated 27 Mar 13, the Board staff determined the recommendation to approve his request did not discuss the exact relief. In a memorandum dated 16 Jun 14, FMFF revised their advisory opinion and provided the following: NGB/FMFF recommends partial relief. In Sep 11, the applicant was placed on orders to go to Beale Air Force Base (BAFB), California for training. On 12 Nov 11, the original order at Beale ended; however, the modification to extend this order to 3 Dec 11, was never accomplished. The activation order for his deployment was cut to start on 15 Nov 11. On 3 Dec 11, the applicant departed Beale for his deployment. According to the applicant’s travel voucher, his orders were never amended to extend him at Beale nor were his activation orders cancelled and reissued to reflect the new start date of 3 Dec 11. The applicant received both military and travel pay through 12 Nov 11. He did not receive travel entitlements from 15 Nov 11 – 2 Dec 11. He did not receive military pay or travel entitlements for 13-14 Nov 11 because he was not on orders. His activation order should have been cancelled and the order assigning him to Beale should have been amended to reflect the new end date of 2 Dec 11. The applicant should receive military and travel pay for the period 13 – 14 Nov 11. Additionally, he should be paid travel pay for the period 15 Nov - 2 Dec 11. The complete FMFF evaluation is at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF ADDITONAL AIR FORCE EVALUATION: By email dated 20 Jun 14, the applicant agreed with the recommended relief. The applicant’s complete submission is at Exhibit F. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting partial relief. After thoroughly reviewing this application, we agree with the opinion and recommendation of NGB/FMFF dated 16 June 2014, and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of an error or injustice. Therefore, we recommend the applicant’s orders be amended to provide the applicant the associated military and travel pay entitlements. Accordingly, we recommend his records be corrected to the extent indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that: a. Air Reserve Order Writing System (AROWS) Order Number 3918044, dated 5 Oct 11, Item 5, Itinerary, be amended to reflect 30 September 2011 – 14 November 2011. b. He be entitled to military and travel pay for the period 13 - 14 Nov 11. c. He be entitled to travel pay for the period 15 Nov – 2 Dec 11. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-01043 in Executive Session on 24 Jun 14, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the record as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 Feb 13, w/atchs. Exhibit B. Applicant’s Available Personnel Records. Exhibit C. Letter, NGB/FMFF, dated 27 Mar 13. Exhibit D. Letter, SAF/MRBR, dated 6 Apr 13. Exhibit E. Letter, NGB/FMFF, dated 16 Jun 14 Exhibit F. Email, Applicant, dated 20 Jun 14. Panel Chair 2 3