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
applicants 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 applicants 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 applicants 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. Applicants 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
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