RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01601 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be entitled to Post Deployment/Mobilization Respite Absence (PDMRA). ________________________________________________________________ APPLICANT CONTENDS THAT: He was denied an opportunity to take leave under the PDMRA due to administrative error. In support of the appeal, the applicant submits extracts from his military records. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a member of the West Virginia Air National Guard (ANG). On 29 January 2003, the applicant commenced a tour of active duty in support of Operation ENDURING FREEDOM (OEF) and Operation IRAQI FREEDOM (OIF) and served on active duty until he was released on 9 June 2005. On 27 April 2007, the applicant commenced a tour of active duty (voluntary) in support of OEF/OIF and served on active duty until he was released on 1 July 2007. On 19 January 2007, Secretary of Defense (SecDef) released a memorandum, Utilization of the Total Force, directing the service secretaries to establish a new program to compensate individuals who are required to mobilize or deploy beyond the established rotational policy goals. On 18 April 2007, the Under Secretary of Defense released a memorandum, Programs to Support Utilization of the Total Force, establishing PDMRA as a new category of administrative absence. PDMRA accrues to reserve component members when their creditable mobilized service exceeds 12 months in a rolling 72-month window as follows: one day for each month of mobilized service between 12 and 18 months, two days for each month of mobilized service between 18 and 24 months, and four days for each month of mobilized service in excess of 24 months. The rolling window must culminate with tour of mobilized service occurring on or after 1 January 2007 in order for PDMRA to accrue. According to the 1 October 2007 HQ USAF/A1P PDMRA implementation guidance, mobilizations starting no earlier than 7 October 2001 are creditable in calculating the PDMRA entitlement. Creditable mobilizations are defined as those under Title 10, USC, Sections 12301(A) (Full Mobilization), 12302 (Partial Mobilization), or 12304 (Presidential Reserve Call-up). Additionally, voluntary (10 USC 12301(d)) deployed service to Afghanistan or Iraq prior to January 2007 is also creditable for the purpose of calculating PDMRA. On 26 October 2009, AFI 36-3003, Military Leave Program, was revised to include PDMRA as a form of administrative absence. On 11 June 2010, NGB/A1 released amplifying information/guidance regarding the calculation and documentation of PDMRA usage/ entitlements. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1PR recommends denial indicating there is no evidence of an error or injustice. PDMRA is an administrative absence that qualifying mobilized members can apply for. It is a use or lose benefit that must be approved by the member’s commander while serving in a mobilized status for the reserve component. A review of the applicant’s record reflects no loss or error has occurred. The applicant does not have a qualifying mobilization where he would have earned PDMRA. The applicant was on a voluntary deployment from 27 April 2007 to 1 July 2007. The applicant’s voluntary deployment in 2007 does not meet the criteria for PDMRA. A complete copy of the NGB/A1PR evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Although, he was not awarded PDMRA for the period 27 April 2007 to 1 July 2007, he was mobilized from March 2003 to June 2005 and should receive PDMRA for this period. The applicant’s complete response, with attachments, is at Exhibit E. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. The evidence of record indicates the applicant participated in a qualifying mobilization from 2003 – 2005 wherein he could have accrued some PDMRA credit; however, such credit can only be utilized during a qualifying mobilization period at the culmination of a five-year rolling window and there is no evidence the applicant has participated in a qualifying mobilization period within five years of the start date of this mobilization tour. While the applicant did participate in a voluntary tour of active duty beginning in April of 2007, voluntary tours after January 2007 are not creditable for the purposes of PDMRA, nor can PDMRA credit accrue to a voluntary tour. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-01601 in Executive Session on 25 February 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 11 August 2011, w/atchs. Exhibit B. Applicant's Master Personnel Records Exhibit C. Letter, NGB/A1PR, dated 31 October 2013, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 14 November 2013. Exhibit E. Letter, Applicant, 22 November 2013, w/atchs. 1 2