ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02318 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 was one of over 60 members of the West Virginia Air National Guard who petitioned the Board for Correction of Military Records (BCMR) 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 11 June 2012, after 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 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 11 March 2009 rather than 20 February 2009. On 11 June 2012, the Secretary’s designee issued a directive to the Chief of Staff of the Air Force to correct the applicant’s records accordingly. On 14 February 2013, ARPC/DPTO notified the applicant that his records had been corrected in accordance with the aforementioned directive. Specifically, his point credit accounting report summary was corrected to reflect that he earned an additional 18 paid active duty points in lieu of his PDMRA resulting in active duty points and 365 total retirement points for the anniversary year ending 3 June 2009. 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. In this respect, DFAS noted that many of the applicants performed other military duty (and had been paid) during the period for which the BCMR directed the records be corrected. 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. The remaining relevant facts pertaining to this application are described in the memoranda prepared by DFAS and the Air Force offices of primary responsibility (OPR), which are included at Exhibits B and C. AIR FORCE EVALUATION: DFAS-JFEAA/IN provides an advisory for informational purposes only. DFAS states that no payment was made related to the directive issued on 23 June 2011 because information surfaced indicating the applicant may not be eligible for said payment because he was either a government employee or had performed military duty that conflicted with the period for which the member was to be paid. The applicant was and is a member of the Active Air Force. No payment may be issued. After reviewing the record, DFAS verified no payment had been issued to the applicant for PDMRA. The complete DFAS-JFEAA/IN evaluation is at Exhibit B. 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 C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 12 June 2015 for review and comment within 30 days (Exhibit D). 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 not released on 20 February 2009, but on that date he continued to serve on active duty until 11 March 2009 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 11 June 2012 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 conclusion of his mobilization tour in 2009. 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 11 June 2012 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 20 February 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-2011-02318 in Executive Session on 22 July 2015 under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 2 Aug 11, w/atchs. Exhibit B. DFAS-JFEAA/IN, undated. Exhibit C. Memorandum, NGB/A1PR, dated 1 Dec 14. Exhibit D. Letter, SAF/MRBR, dated 12 Jun 15.