RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:	BC-2014-03336 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
He receive Assignment Incentive Pay (AIP), at a rate of $200 per day, in lieu of 34 days of Post Deployment/Mobilization Respite Absence (PDMRA).

APPLICANT CONTENDS THAT:
He was a drill status guardsman and performed military duty that conflicted with the PDMRA period.

He elects to receive AIP for each day of administrative absence that otherwise would have been authorized under the PDMRA program. He earned a total of 34 days of PDMRA for a mobilization period of
27 Dec 08 to 6 Mar 09.
The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
The applicant is currently serving as a member of Air National Guard in the grade of technical sergeant (E-6).

PDMRA is a program intended to recognize service members who are mobilized beyond certain rotation frequency thresholds (12 months in any 72-month period for Reserve Component members) by awarding them administrative absence days. When a member mobilizes or deploys beyond these targets, administrative absences are granted to offer additional respite, to be taken at a time convenient to the member and family.

Based on an 18 Apr 07 USD(P&R) memo, after a member has met the eligibility for creditable time, the following accrual rates will apply:
1.	1 day per month in excess of 12 months
2.	2 days per month in excess of 18 months
3.	4 days per month in excess of 24 months
1.	

The applicant was mobilized under Title 10 United States Code (U.S.C), § 12302, during the following periods:

Period 1: 3 Mar 03 to 22 Jan 05
Period 2: 25 Apr 07 to 24 Jun 07
Period 3: 27 Dec 08 to 6 Mar 09
In view of the fact the applicant was mobilized for a cumulative total of 822 days [more than 27 months, but less than 28 months], he would have been entitled to 30 days of PDMRA credit. 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.

According to information provided by DFAS, no previous monetary payment was made to the applicant with regards to PDMRA or AIP.

The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.

AIR FORCE EVALUATION:
NGB/A1PR recommends granting relief, indicating there is evidence of an error or injustice. As the result of a previous AFBCMR request, the Board declared there should be a correction of his military record and compensation of military pay, points, and applicable benefits for the loss of 34 [sic] (30) days of PDMRA. The member’s orders were extended to reflect PDMRA days (3 Mar 09 [sic] (2 Mar 09) to 1 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 the member performed federal duty during the awarded PDMRA days, and the government is not allowed to pay the member for simultaneous duty. 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 in lieu of being awarded administrative absence days, according to 37 U.S.C. Section 307a.

It is recommended to compensate the applicant with AIP in the amount of $200.00 per day, for 34 days [sic], totaling $6,800.00, not to exceed the $3,000.00 monthly maximum payable to an individual member, according to 37 U.S.C. Section 307a.

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 17 Aug 15 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:
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 took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. However, as multiple PDMRA cases were presented to this panel, the Board was able to identify several discrepancies in the details presented by the OPR that warrant independent judgment and analysis by the Board. Contrary to the NGB/A1P advisory opinion, no evidence of an earlier AFBCMR determination regarding this applicant was found. Further, we note the calculations of PDMRA should have resulted in 30 days credit and not 34, as recommended.  Finally, 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. Nonetheless, we are convinced by the evidence presented the applicant was indeed the victim of an error or injustice.

Therefore, we believe it would be appropriate to correct the applicant’s record to reflect 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. 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 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 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-2014-03336 in Executive Session on 11 Feb 16 under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The following documentary evidence was considered:

Exhibit A.	DD Form 149, dated 3 Aug 14, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, NGB/A1PR, dated 31 Jul 15. Exhibit D.	Letter, SAF/MRBR, dated 17 Aug 15.