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

IN THE MATTER OF:	DOCKET NUMBER:	BC-2010-03736-2 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
He be paid Assignment Incentive Pay (AIP), at a rate of $200 per day, for the days of Post-Deployment/Mobilization Respite Absence (PDMRA) he should have earned during his mobilization in 2009.

APPLICANT CONTENDS THAT:
He has not been fully compensated for the previous correction the AFBCMR made to his records. The Board previously decided to grant relief in his case and directed that his records be corrected to reflect that he was awarded 27 days [sic] (30 days) of PDMRA; however, the Defense Finance and Accounting Service (DFAS) did not pay him because he had performed other duty that conflicted with the period of the adjustment to his records. The AFBCMR should have considered inactive and active duty periods performed before crafting a directive that could not be executed.

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

STATEMENT OF FACTS:
The applicant was one of over 60 members of the West Virginia Air National Guard who petitioned the 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 Jan 07, they were the victims of an injustice because they were unable to partake in this important entitlement program.

On 11 May 11, the Secretary’s designee issued a directive to the Chief of Staff of the Air Force to correct the applicant’s records that he was not released from active duty on 6 Mar 09, but continued to serve on active duty for 30 additional days for the purpose of utilizing his PDMRA credit.

On 22 Jan 13, ARPC/DPTS 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 Mar 09, but served on active duty until 5 Apr 09, when he was released from active duty. Additionally, his point credit accounting report summary was corrected to reflect that he earned an additional 30 points toward his reserve retirement for the period in question.

However, subsequent to these corrections being made to the applicant’s military personnel records, 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 other WV ANG applicants had performed other military duty (and had been paid) during the period for which the AFBCMR directed the records be corrected.

According to documentation provided by the applicant, he was credited with performing the following military duty during the period for which the Board directed he be credited with 30 additional active duty days (6 Mar 09 through 5 Apr 09):

7 Mar 09 through 8 Mar 09 – Unit Training Assemblies (UTA).
Section 605 of the Fiscal Year 2013 (FY13) National Defense Authorization Act (NDAA) provides for the payment of $200 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 (BCMR) or use another process created by the Secretary concerned.

The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are included at Exhibits C, and D.

AIR FORCE EVALUATION:
DFAS-JFEAA/IN has reviewed their records and [contrary to the NGB/A1PR advisory opinion] has found no payment has been issued to the applicant for PDMRA.

A complete copy of the DFAS-JFEAA/IN evaluation is at Exhibit C.
NGB/A1PR recommends granting relief, indicating there is evidence of an error or injustice. As the result of a previous BCMR request, the Board declared there should be a correction of the applicant’s military record and compensation of military pay, points, and applicable benefits for the loss of 30 days of PDMRA. The applicant was in an Active Guard Reserve (AGR) status and

could not receive PDMRA compensation while on active status. Since the original recommendation, the member has retired. DFAS paid the applicant AIP, but not pay and allowances for the duty that precluded PDMRA. In accordance with AFI 36-3003, Military Leave Program, 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 AIP (37 U.S.C. Section 307a) in lieu of being awarded administrative absence days.

It is recommended to compensate the applicant with AIP in the amount of $200.00 per day, for 30 days, totaling $6,000.00, not to exceed the $3000.00 monthly maximum payable to an individual member, in accordance with 37 U.S.C. Section 307a.

A complete copy of the NGB/A1PR evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 12 Aug 15 for review and comment within 30 days (Exhibit E). 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.	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. The Secretary’s designee previously directed that the applicant’s records should be corrected to reflect that he was credited with 30 days of Post- Deployment/Mobilization Respite Absence (PDMRA) and that he was not released from active duty on 6 Mar 09, but on that date continued to serve on active duty until 5 Apr 09 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 this additional constructed active service. However, because the applicant had already performed other military duty during said period, DFAS could not process full 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
1.	

aware that 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 that 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. Therefore, in view of this, we believe it would be appropriate to recommend correcting the applicant’s record to reflect that the original directive issued in this case on 11 May 11 be declared void and removed from the applicant’s records and that his records instead be corrected to reflect that he is entitled to payment of $200.00 per day for the 30 days of PDMRA credit he should have received at the conclusion of his mobilization tour in 2009. Further, and contrary to the NGB advisory, we did not find 37 U.S.C. Section 307a applicable in this situation and no monthly restriction of reimbursement should be placed upon the applicant. We believe this is proper and fitting as it is consistent with past practice and the provisions of the Fiscal Year 2013 National Defense Authorization Act (NDAA) that require payment of $200.00 per day in lieu of PDMRA credit in similar circumstances. 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 11 May 2011 be declared void and removed from his records.

b.	He accrued 30 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 Section 605 of the Fiscal Year 2013 National Defense Authorization Act (NDAA).

The following members of the Board considered AFBCMR Docket Number BC-2010-03736-2 in Executive Session on 22 Oct 15 under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member

All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-03736-2 was considered:

Exhibit A.	DD Form 149, dated 3 Aug 14, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, DFAS-JFEAA/IN, dated 18 Dec 14. Exhibit D.	Memorandum, NGB/A1PR, dated 31 Jul 15 Exhibit E.	Letter, SAF/MRBR, dated 12 Aug 15.