RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04204
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His active duty orders be extended to include 14 days of rest
and recuperation (R&R) leave he earned while deployed in support
of Operation ONWARD LIBERTY (Monrovia) for more than 179 days.
________________________________________________________________
APPLICANT CONTENDS THAT:
He earned 14 days of R&R and 18 days of leave during his
deployment in support of Operation ONWARD LIBERTY (Monrovia);
however, because his commander involuntarily extended his
deployment beyond 179-days without obtaining a waiver to do so,
he was unable to serve on active duty long enough to take his
R&R leave.
The applicants complete submission, with attachment, is at
Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
The applicant served in the Air Force Reserve in the grade of
Technical Sergeant (TSgt) during the period of time in question.
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 C.
________________________________________________________________
AIR FORCE EVALUATION:
AFRC FGC/FGS recommends approval, indicating there is evidence
of an error or injustice. The applicant deployed on Reserve
Order D4TH35, dated 27 Oct 11, covering the period 18 Dec 11
through 22 Jul 12. In order to have time to utilize the leave
he earned during the deployment, he was scheduled to depart the
AOR on 19 Jun 12. After extending in theater until he had
served 198 days, the applicant departed the AOR on 2 Jul 12.
Air Mobility Command Instruction (AMCI) 10-503, 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 of leave for each month of active
duty. Therefore, the applicant earned a total of 14 days of R&R
and 18 days of leave. Due to his extension in theater, the
original orders end date of 22 Jul 12 did not allow sufficient
time for him to take his earned R&R and leave. Therefore, his
orders need to be extended an additional 12 days in order for
the applicant to receive the R&R and leave he earned.
A complete copy of the AFRC FGC/FGS 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 5 Nov 12 for review and comment within 30 days. As
of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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 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 that relief should be granted.
Therefore, we recommend the applicants record be corrected as
indicated below.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that he was
not released from active duty on 22 July 2012, but on that date
he continued to serve on active duty in a rest and recuperation
(R&R) leave status until 3 August 2012 when he was released from
active duty.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-04204 in Executive Session on 4 Jun 13, 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, dated10 Sep 12, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFRC FGC/FGS, dated 26 Oct 12.
Exhibit D. Letter, SAF/MRBR, dated 5 Nov 12.
Panel Chair
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