RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03330 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be paid Assignment Incentive Pay (AIP) at a rate of $200 per day for 5 days in lieu of the Post Deployment Mobilization Respite Absence (PDMRA). APPLICANT CONTENDS THAT: He was in a drill status when he performed military duty which conflicts with the PDMRA period. He would have been authorized five days of administrative absence under the PDMRA program for his 27 April to 1 July 2007 deployment. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is currently serving in the Air National Guard (ANG) in the grade of Chief Master Sergeant (CMSgt, E-9). The applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, for this period reflects he served on active duty from 27 April to 1 July 2007, and was released from an active duty contingency tour. Item 18, Remarks, reflects he served on active duty in support of Operation Iraqi Freedom/Enduring Freedom from 27 April 2007 to 1 June 2007. He also served in the designated imminent danger pay area of Afghanistan from 1 May 2007 to 8 July 2007 [sic] under 10 U.S.C. § 12301. On 19 January 2007, the 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 (USECDEF) 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 10 U.S.C. § 12301(a) (Full Mobilization), 12302 (Partial Mobilization), or 12304 (Presidential Reserve Call-up). Additionally, voluntary (10 U.S.C. § 12301 (d)) deployed service to Afghanistan or Iraq since 7 October 2001, is also creditable for the purpose of PMDRA. On 26 October 2009, AFI 36-3003, Military Leave Program, was revised to include PDMRA as a form of administrative absence. 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. AIR FORCE EVALUATION: NGB/A1PR recommends the Defense Finance and Accounting Service (DFAS) compensate the applicant with AIP in the amount of $200 per day for five days totaling $1,000 under 37 U.S.C. § 307a In Accordance With (IAW) AFI 36-3003. The applicant was awarded five days of PDMRA and orders were extended. DFAS did not pay the applicant military pay/entitlements for the awarded PDMRA days because he performed federal duty during the awarded PDMRA days, and the government is not allowed to pay members for simultaneous duty IAW AFI 36-3003, paragraph 15.4.1.1. The applicant is requesting to be paid AIP in lieu of PDMRA IAW AFI 36-3003, paragraph 15.4.1.1., “Reserve component members who are 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 per 37 U.S.C. § 307a in lieu of being awarded administrative absence days.” A complete copy of the 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 13 August 2015 for review and comment within 30 days (Exhibit C). As of this date, no response has been received by this office. ADDITIONAL AIR FORCE EVALUATION: NGB/A1PR’s advisory opinion dated 31 July 2015 erroneously stated the applicant was previously awarded five days of PDMRA and recommended DFAS compensate the applicant AIP in the amount of $200.00 per day for five days totaling $1000, not to exceed the $3000 monthly maximum payable to an individual member under 37 U.S.C. Section 307a IAW AFI 36-3003. In view of this an additional advisory opinion was requested. In a revised evaluation dated 3 November 2015, NGB/A1PR states that the applicant earned three days of PDMRA for 15 months of creditable mobilizations/deployments within the previous 72 month window. Consequently, A1PR now recommends the applicant be paid AIP in the amount of $200 per day for three days totaling $600 due to government error (the unit did not implement the PDMRA policy for the applicant to utilize his earned days). A complete copy of the NGB/A1PR evaluation is at Exhibit D. APPLICANT'S REVIEW OF THE ADDITIONAL AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 5 November 2015 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We note the applicant requests five days of AIP; however, after carefully, reviewing this case and the criteria for award of PDMRA per AFI 36-3003, we agree with the revised recommendation of the Air Force office of primary responsibility and adopt some of the rationale expressed as the basis for our conclusion the applicant has been the victim of an error or injustice. Although A1PR recommends the applicant be granted AIP for three days, given the FY 13 NDAA directs this Board to pay an applicant $200 per day for the number of days he would have earned were it not for government error, we recommend granting relief under that authority, rather than AIP under Title 37, Section 307a as recommended by the OPR and requested by the applicant. We believe this is proper and fitting as it is consistent with past practice and the provisions of the FY 13 NDAA that requires payment of $200.00 per day in lieu of PDMRA credit in this circumstance. 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 he accrued three days of Post-Deployment/Mobilization Respite Absence (PDMRA) when he was released from active duty on 1 July 2007, and he 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-2014-03330 in Executive Session on 1 October and 7 December 2015 under the provisions of AFI 36-2603: , Chair , Member , Member All members voted to correct the records as recommended. Due to the unavailability of -----, ------- will sign as Acting Panel Chair. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 October 2014, w/atchs. Exhibit B. Memorandum, NGB/A1PR, dated 31 July 2015. Exhibit C. Letter, SAF/MRBR, dated 13 August 2015. Exhibit D. Memorandum, NGB/A1PR, dated 3 November 2015. Exhibit E. Letter, SAF/MRBR, dated 5 November 2015.