RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02980 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her active duty orders for the period 15 Nov 12 to 22 Jun 13 be amended to reflect that she was retained on active duty until 9 Jul 13. ________________________________________________________________ APPLICANT CONTENDS THAT: A request was submitted and approved to extend her deployment; however, upon her return she was informed a per diem waiver had not been submitted/approved and she would not be compensated for the additional days she worked. In support of her appeal, the applicant provides a copy of her AF Form 938, Request and Authorization for Active Duty Training/Active Duty Tour and Special Order TE-0022. The applicant’s complete submission, with attachments, is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: The applicant is currently serving in the Air Force Reserve in the grade of Master Sergeant (MSgt). On 15 Nov 12, the applicant was ordered to active duty in support of Operation ENDURING FREEDOM. The expiration date reflected on her orders was 22 Jun 13. Special Order TE-0022 indicates the applicant deployed to Anderson AFB, Guam on or about 16 Nov 12 for approximately 185 days. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is included at Exhibit B. ________________________________________________________________ AIR FORCE EVALUATION: AFRC FGC/FGS recommends approval to amend the applicant’s orders for the period ending 22 Jun 13 to reflect 5 Jul 13. AMCI 10- 403, Air Mobility Command (AMC) Force Deployment, authorizes 14 days of compensatory time for deployments away from home station of 90 days or more, and AFI 36-3003, Military Leave Program, authorizes members 2.5 days leave for each month of active duty. The applicant’s deployment records revealed the following: Orders Start Date Deploy Return Date # of Days TDY Comp Time Earned Comp Time End Date Leave Earned Proposed Orders End Orders End Date 15 Nov 12 1 Jun 13 199 14 15 Jun 13 20 5 Jul 13 22 Jun 13 A complete copy of the AFRC FGC/FGS evaluation is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 23 Aug 13, for review and comment within 30 days (Exhibit C). As of this date, no response has been received by this office. ________________________________________________________________ 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. We took notice of the applicant’s complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. Based on their review, it appears the applicant’s temporary duty (TDY) assignment to Guam was extended beyond her scheduled return to her home station. As a result, we believe she was unfairly precluded from taking full advantage of the post-deployment down-time and leave that she had accrued prior to the expiration of her active duty orders. While we note the applicant is requesting her orders be corrected to reflect a new expiration date of 9 Jul 13, in view of the recommendation of the Air Force OPR to correct the records to reflect an expiration of 5 Jul 13, and in the absence of a rebuttal from the applicant on this point, we believe the recommended remedy constitutes full and fitting relief. Therefore, we recommend the applicant’s 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 the APPLICANT be corrected to show that on 22 Jun 13, she was not released from active duty, but on that date continued to serve on active duty until 5 Jul 13, when she was released from active duty. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-02980 in Executive Session on 17 Apr 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 Jun 13, w/atchs. Exhibit B. Letter, AFRC/FGC/FGS, dated 9 Aug 13. Exhibit C. Letter, SAF/MRBR, dated 23 Aug 13. Panel Chair AFBCMR BC-2013-02980 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code, it is directed that: The pertinent military records of the Department of the Air Force relating to , be corrected to show that she was not released from active duty on 22 June 2013, but on that date continued to serve on active duty until 5 July 2013, when she was released from active duty. Director Air Force Review Boards Agency 2