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AF | BCMR | CY2013 | BC 2013 02980
Original file (BC 2013 02980.txt) Auto-classification: Approved
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



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