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 applicants 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 applicants 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 applicants 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 applicants 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 applicants 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 applicants 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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