ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03707 NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be paid Assignment Incentive Pay (AIP) at a rate of $200.00 per day for 35 days in lieu of Post Deployment/Mobilization Respite Absence (PDMRA) for the period 6 March 2009 - 10 April 2009. APPLICANT CONTENDS THAT: He performed military duty that conflicted with his PDMRA period. Therefore, he would like to receive AIP at a rate of $200.00 for each day of administrative absence that otherwise would have been authorized under the PDMRA program. The applicant’s complete submission, with attachments, is at Exhibit E. STATEMENT OF FACTS: The applicant was one of over 60 members of the West Virginia Air National Guard who petitioned the Air Force Board for Correction of Military Records (AFBCMR) to correct their records to reflect they were credited with various amounts of PDMRA at the end of their mobilization tours during 2009. The applicants contended that because their unit was unaware of the PDMRA program, as promulgated by Secretary of Defense Memorandum, Utilization of the Total Force, dated 19 January 2007, they were the victims of an injustice because they were unable to partake in this important entitlement program. On 3 May 2011, after a thoroughly considering the facts and circumstances of the applicant’s case, the Board determined the evidence he had provided was sufficient to conclude that he should have been credited with 35 days of PDMRA credit at the end of his mobilization tour and recommended correcting the applicant’s records to reflect that he was not released from active duty on 6 March 2009, but continued to serve on active duty for 35 additional days for the purpose of utilizing his PDMRA credit. For an accounting of the facts and circumstances surrounding the applicant’s request and the rationale of the earlier decision by the Board, see the Record of Proceedings at Exhibit D. On 6 May 2011, the Secretary’s designee issued a directive to the Chief of Staff of the Air Force to correct the applicant’s records accordingly. On 22 January 2013, ARPC/DPTO notified the applicant that his records had been corrected in accordance with the aforementioned directive. Specifically, his DD Form 214, Certificate of Release or Discharge from Active Duty, was corrected to reflect that he was not released from active duty on 6 March 2009, but served on active duty until 10 April 2009, when he was released from active duty. Additionally, his point credit accounting report summary was corrected to reflect that he earned an additional 35 points toward his reserve retirement for the period in question. On 11 June 2013, the Secretary’s designee issued a corrected directive to the Chief of Staff of the Air Force which added the phrase “any leave accrued as a result of this correction was sold.” Subsequent to these corrections being made to the applicant’s military personnel records, Defense Finance and Accounting Service (DFAS) advised the AFBCMR staff that payment could not be made to the applicant because doing so would result in dual compensation. In this respect, DFAS noted that many of the applicants performed other military duty (and had been paid) during the period for which the AFBCMR directed the records be corrected. The Fiscal Year 2013 (FY 2013) National Defense Authorization Act (NDAA), Section 605, provides for the payment of $200.00 per day for the nonparticipation of eligible members in the PDMRA program due to government error. Members may submit an application to the Board for Correction of Military Records or use another process created by the Secretary concerned. The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit F. AIR FORCE EVALUATION: NGB/A1PR recommends approval. The applicant previously requested his military records be corrected to reflect the loss of PDMRA during his 2009 mobilization, and the AFBCMR granted his request. The applicant was awarded 12 days [sic] and his orders were extended; however, he performed duty as a federal technician during the awarded PDMRA days. In accordance with AFI 36-3003, Military Leave Program, Reserve component members who are federal, state, or local government civilian employees are “precluded by law” from being paid by federal, state or local governments simultaneously. Therefore, DFAS did not pay the applicant military pay/entitlements for the awarded PDMRA days. AFI 36-3003 also states “Reserve component members who are federal, state, or local government civilian employees, and are ‘precluded by law’ from being paid by federal, state or local governments simultaneously serving in a reserve component status and in their civilian jobs may elect to receive Assignment Incentive Pay (AIP) (Title 37 United States Code (U.S.C.) Section 307a) in lieu of being awarded administrative absence days.” Therefore, the applicant is requesting to be paid AIP in lieu of PDMRA days. A complete copy of the NGB/A1PR evaluation is at Exhibit F. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 12 August 2015, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit G). ADDITIONAL AIR FORCE EVALUATION: The preceding NGB/A1PR advisory erroneously stated the applicant was previously awarded PDMRA for 12 days instead of 35 days so an additional advisory was requested. NGB/A1PR now recommends granting the applicant AIP in lieu of PDMRA with a payment of $200.00 per day for 35 totaling $7,000.00. The AFBCMR declared that there should be a correction of military records and compensation of military pay, points, and applicable benefits for the loss of 35 days of PDMRA. DFAS did not compensate the applicant for previously awarded PDMRA days because he performed federal duty during the awarded PDMRA days. Section 605 of the FY 2013 NDAA provides for the payment of $200.00 per day for the nonparticipation of eligible members in the PDMRA program due to government error. A complete copy of the NGB/A1PR evaluation, with attachment is at Exhibit H. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 20 October 2015, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit I). THE BOARD CONCLUDES THAT: After again reviewing the facts and circumstances of this case, our earlier determination that the applicant was the victim of an error or injustice, and the relief crafted by virtue of the directive issued as a result of our previous decision, we are convinced by the evidence presented that the applicant continues to be the victim 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 of NGB/A1PR that the applicant has been the victim of an error or injustice. Had this Board been aware the applicant had performed duty that conflicted with the recommended correction to his records when his case was originally considered, it would have instead corrected the applicant’s records to reflect he was entitled to $200.00 per day of PDMRA credit, as it has previously done in other cases where conflicting duty was appropriately raised. In view of the fact that the FY 2013 NDAA directs this Board to pay an applicant $200.00 per day for the number of days he would have earned were it not for government error, the Board recommends granting relief under that authority, rather than AIP under Title 37 U.S.C., Section 307a. Therefore, we recommend the applicant's records be corrected as 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: a. The Air Force Board for Correction of Military Records directives issued to the Chief of Staff on 6 May 2011, and 11 June 2013, be declared void and removed from his records. b. He accrued 35 days of Post-Deployment/Mobilization Respite Absence (PDMRA) when he was released from active duty on 6 March 2009, and should be paid $200.00 for each day of his PDMRA credit in accordance with the provisions of the Fiscal Year 2013 National Defense Authorization Act, Section 605. The following members of the Board considered AFBCMR Docket Number BC-2010-03707-2 in Executive Session on 3 December 2015, under the provisions of AFI 36-2603: All members voted to correct the record as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-03707-2 was considered: Exhibit D. Record of Proceedings, dated 6 May 2011, w/atchs. Exhibit E. DD Form 149, dated 1 August 2014, w/atchs. Exhibit F. Memorandum, NGB/A1PR, dated 31 July 2015. Exhibit G. Letter, SAF/MRBR, dated 12 August 2015. Exhibit H. Memorandum, NGB/A1PR, dated 15 October 2015, w/atch. Exhibit I. Letter, SAF/MRBR, dated 20 October 2015