ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03763 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: She be paid Assignment Incentive Pay (AIP) in lieu of the Post Deployment Mobilization Respite Absence (PDMRA) she earned but was not compensated for after her demobilization in 2009. APPLICANT CONTENDS: She has not been fully compensated for the previous correction the AFBCMR made to her records. The Board previously decided to grant relief in her case and directed her records be corrected to reflect she was awarded 30 days of PDMRA; however, although she was awarded points, because she performed federal duty as a Traditional/Drill Status Guardsman during the same period of time designated by the AFBCMR as her PDMRA, the Defense Finance and Accounting Service (DFAS) did not pay her. The applicant’s complete submission, with attachments, is at Exhibit F. 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 5 May 11, after a thoroughly considering the facts and circumstances of the applicant’s case, the Board determined the evidence she had provided was sufficient to conclude that she should have been credited with 30 days of PDMRA credit at the end of her mobilization tour and recommended correcting the applicant’s records to reflect that she was not released from active duty on 6 Mar 09, but on that date she was placed in an administrative absence status for a period of 30 days, and on 5 Apr 09 was released from active duty (Exhibit D). On 8 Jun 11, the Secretary’s designee issued a directive to the Chief of Staff of the Air Force to correct the applicant’s records accordingly. On 11 Jun 13, the Secretary’s designee issued a 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, 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 many of the applicants performed other military duty (and had been paid) during the period for which the AFBCMR directed the records be corrected. Fiscal Year 2013 (FY13) National Defense Authorization Act (NDAA) § 605 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 AFBCMR or use another process created by the Secretary concerned. According to information provided by 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 G. AIR FORCE EVALUATION: NGB/A1PR recommends relief be granted, indicting the applicant continues to be the victim of an error or injustice as she has not received the compensation due to her as a result of her records being corrected. 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 30 days of PDMRA by the applicant. The member’s orders were extended to reflect PDMRA days (07 Mar 09-05 Apr 09). However, the member had already performed federal duty during the awarded PDMRA days. DFAS did not pay the member military pay/entitlements for the awarded PDMRA days because that would have constituted a second payment for the same period of time. Recommend DFAS compensate the applicant AIP in the amount of $200.00 per day for 30 days totaling $6000, not to exceed the $3000 monthly maximum payable to an individual member under 37 U.S.C. Section 307a IAW AFI 36-3003. A complete copy of the NGB/A1PR evaluation, with attachment, is at Exhibit G. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 26 Oct 15 for review and comment within 30 days (Exhibit H). As of this date, no response has been received by this office. 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, the evidence the applicant presented, and the relief crafted by virtue of the AFBCMR directives issued as a result of our previous decision, we are convinced the applicant continues to be the victim of an error or injustice. This Board previously determined that the applicant’s records should be corrected to reflect that she was credited with 30 days of Post- Deployment/Mobilization Respite Absence (PDMRA) and that she 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 her accrued PDMRA benefit. As a result of our finding, corrections were made to her DD Form 214, Certificate of Release or Discharge from Active Duty, and point credit accounting reporting summary (PCARS) to reflect that she 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. We note that had this Board been aware the applicant had performed duty that conflicted with the recommended correction to her records when her case was originally considered, it would have instead corrected the applicant’s records to reflect she 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 directives issued in this case be declared void and removed from the applicant’s records and that her records instead be corrected to reflect that she is entitled to payment of $200.00 per day for the 30 days of PDMRA credit she should have received at the conclusion of her mobilization tour in 2009. In view of the fact that the Fiscal Year (FY) 2013 National Defense Authorization Act (NDAA) directs this Board to pay an applicant $200.00 per day for the number of days she would have earned were it not for government error, the Board recommends granting relief under that authority, rather than assignment incentive pay (AIP) under Title 37 U.S.C., Section 307a as requested by the applicant and recommended by NGB/A1PR. 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 Air Force Board for Correction of Military Records directives issued to the Chief of Staff on 8 June 2011 and 11 June 2013 be declared void and removed from her records. b. She accrued 30 days of Post-Deployment/Mobilization Respite Absence (PDMRA) when she was released from active duty on 6 March 2009, and should be paid $200.00 for each day of her 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-2010-03763 in Executive Session on 12 Jan 16, 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-2010-03763 was considered: Exhibit D. Record of Proceedings (ROP), dated 8 Jun 11, w/Exhibits. Exhibit E. Memoranda, AFBRA, dated 8 Jun 11 and 11 Jun 13. Exhibit F. DD Form 149 RECON, dated 3 Aug 14, w/atchs. Exhibit G. Memorandum, NGB/A1PR, 15 Oct 15, w/atch. Exhibit H. Letter, SAF/MRBR, dated 26 Oct 15.