ADDENDUM TO
        RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:			DOCKET NUMBER:  BC-2010-03709
		
 					COUNSEL:  NONE

					HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

His records be corrected to reflect he was paid Assignment 
Incentive Pay in the amount of $200.00 per day for 18 days of 
Post-Deployment/Mobilization Respite Absence (PDMRA) that he 
received.


RESUME OF CASE:

The applicant is a member of the West Virginia Air National 
Guard who petitioned the Board for Correction of Military 
Records (BCMR) to correct his record to reflect he was credited 
with 18 days of PDMRA at the end of his mobilization tour.  The 
applicant 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, he was the victim of an injustice because he was unable to 
partake in this important entitlement program.

On 23 June 2011, after a thoroughly considering the facts and 
circumstances of the applicant’s case, the Board determined the 
evidence provided was sufficient to conclude that he should have 
received 18 days of PDMRA credit at the end of his mobilization 
tour and recommended correcting the applicant’s records to 
reflect that he was entitled to 18 days of PDMRA and was 
demobilized on 3 August 2007. 

On 23 June 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 3 January 2013, ARPC/DPTS notified the applicant that his 
records had been corrected in accordance with the aforementioned 
directive.  However, subsequent to these corrections being made 
to the applicant’s military personnel records, DFAS advised the 
BCMR staff that payment could not be made to the applicant 
because doing so would result in dual compensation.  

Section 605 of the Fiscal Year 2013 (FY13) National Defense 
Authorization Act (NDAA) 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 BCMR or use another process created by the 
Secretary concerned.  As a result, any relief granted by the 
BCMR on this issue subsequent to January 2013 must take the form 
of a cash payment of $200.00 per day of PDMRA credit that the 
Board determines an applicant would have received were it not 
for government error.

According to information provided by the Defense Finance 
Accounting Service (DFAS), no monetary payment was made to the 
applicant as a result of the original directive published in 
this case.

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 B.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


AIR FORCE EVALUATION:

NGB/A1PR recommends approval.  NGB/A1PR and the AFBCMR declared 
that there should be a correction of the applicant’s military 
records and compensation of military pay, points, and applicable 
benefits for the loss of 18 days of PDMRA by the applicant. 

The complete NGB/A1PR 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 15 September 2015 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:

After again reviewing the facts and circumstances of the case, 
our earlier determination that the applicant was the victim of 
an error or injustice, and 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.  This Board 
previously determined that the applicant’s record should be 
corrected to reflect that he was credited with 18 days of PDMRA 
and that he was released on 3 August 2007 for the purpose of 
taking his accrued PDMRA benefit.  As a result of our finding, 
corrections were made to his DD Form 214, Certificate of Release 
or Discharge from Active Duty and point credit accounting 
reporting summary (PCARS) to reflect that he performed other 
military duty during said period.  However, because the 
applicant had already performed duty during said period, DFAS 
could not process payment for the constructed duty as doing so 
would result in dual compensation to the applicant for many of 
the days in question.  Had the Board been aware of the conflict, 
we would have instead corrected the applicant’s records to 
reflect he was entitled to Assignment Incentive Pay (AIP) of 
$200.00 per day of the PDMRA credit as it has previously been 
done in other cases where conflicting duty was raised.  

In view of this, we believe it would be appropriate to recommend 
correcting the applicant’s record to reflect the original 
directive issued in this case on 23 June 2011 be declared void 
and removed from his records and that his records be corrected 
to reflect instead, that he is entitled to payment of $200.00 
per day for the 18 days of PDMRA credit he should have received 
at the conclusions of his mobilization tour in 2007.  This 
relief is proper and fitting and is consistent with the practice 
and provisions of the Fiscal Year 2013 National Defense 
Authorization Act (NDAA) that requires us to recommend payment 
of $200.00 per day in lieu of PDMRA credit.  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:

	a.	The directive issued to the Chief of Staff on 23 June 
2011, be declared void and removed from his records.

	b.	He accrued 18 days of Post-Deployment/Mobilization  
Respite Absence (PDMRA) when he was released from his active 
duty tour on 3 August 2007 and [should be] paid $200.00 for each 
day of his PDMRA credit in accordance with the provisions of 
Section 605 of the Fiscal Year 2013 National Defense 
Authorization Act (NDAA). 


The following members of the Board considered AFBCMR Docket 
Number BC-2010-03709 in Executive Session on 15 October 2015 
under the provisions of AFI 36-2603:
	
	

All members voted to correct the records as recommended.  The 
following documentary evidence pertaining to AFBCMR Docket 
Number BC-2010-03709 was considered:

	Exhibit A.  DD Form 149, dated 5 Aug 14, w/atchs.
	Exhibit B.  Memorandum, NGB/A1PR, dated 1 Dec 14.
	Exhibit C.  Letter, SAF/MRBR, dated 15 Sep 15.
	Exhibit D.  Original Record of Proceedings, 23 Jun 11.