RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-00958

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He receive 12 additional days of Post Deployment/Mobilization Respite Absence (PDMRA).

APPLICANT CONTENDS THAT:

He only received 10 days of PDMRA but should have received 22 days.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant serves in the grade of major with the Delaware Air National Guard.

The applicant was ordered to active duty in accordance with 10 USC 12302 by the 142nd Aeromedical Evacuation Squadron (AMC), per Order Number Z68T3J, dated 11 February 2015, from 28 August 2014 to 23 February 2015.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit B.

AIR FORCE EVALUATION:

NGB/A1 recommends denial indicating there is no evidence of an error or an injustice.

To determine this member’s PDMRA, AFI 36-3003, Military Leave Program, dated 26 October 2009 must be used.  The current AFI incorporating AF Guidance Memorandum dated 3 March 2015 does not apply to this member because the member’s mobilization for this PDMRA request ended 23 February 2015 and his BCMR was submitted prior to the new AFI.

In order to receive PDMRA, the member must meet two requirements: credible mobilization and creditable time.

For Reserve Component members, a creditable mobilization is a mobilization under sections 12301(a), 12302, 12304 of Title 10 USC (paragraph 15.2).

Creditable time is calculated as all creditable mobilization accomplished within a “rolling 72-month window” starting no earlier than 7 October 2001 (Figure 4 Note 1).

The Air Reserve Component, which includes the ANG, may use mobilizations under 10 USC 12301(d) to Afghanistan or Iraq as creditable time for award of PDMRA - (paragraph 15.2.2 Note 1).

A member must be eligible to receive PDMRA by being mobilized in excess of 365 days within a 72-month rolling window.  If a member has accumulated 365 days of creditable mobilization time, the number of PDMRA days accumulated is based on the number of months or fraction thereof in excess of 12 months.

The applicant’s creditable mobilization was his 10 USC 12301(d) mobilization from 5 December 2010 to 17 January 2012 to Afghanistan for 409 days IAW AFI 36-3003 paragraph 15.2.2 Note 1.  The member met his 365-day eligibility threshold with this mobilization.  This mobilization is only used to determine eligible time, not accumulation of PDMRA days because only 10 USC 12302 mobilizations accumulate PDMRA.

The applicant’s PDMRA accumulation is based on his current mobilization for the PDMRA request, which was his 10 USC 12302 mobilization from 28 August 2014 to 23 February 2015 for 135 days in theater.  Number of days in theater is provided by the Deliberate Crisis Action Planning Execution System.

According to AFI 36-3003 Figure 4, the member accumulated 10 days of PDMRA based on the 135 days in theater (4.5 months, which rounds up to 5 months).

The applicant was on 10 USC 12301(d) orders from 1 October 2012 to 18 June 2014 with three mobilizations to Qatar (see Special Orders TE-0439, TE-0314, TE-0086).  These mobilizations do not count for PDMRA accumulation because they “were not” 10 USC 12302 orders. Additionally, they would not count toward credible time (365-day eligibility) because they were not to Afghanistan or Iraq as required by paragraph 15.2.2 Note 1.

The applicant is only entitled to 10 days PDMRA for his 28 August 2014 - 23 February 2015 mobilization which he was given and took.

A complete copy of the NGB/A1 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 2 June 2016 for review and comment within 30 days (Exhibit C).  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.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion the applicant has failed to sustain his burden of proof of the existence of an error or injustice.  Therefore, we find no basis to recommend granting 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-2015-00958 in Executive Session on 26 July 2016 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-00958 was considered:

	Exhibit A.  DD Form 149, dated 3 March 2014, w/atchs.
	Exhibit B.  Memorandum, NGB/A1, dated 18 May 2016.
	Exhibit C.  Letter, AFBCMR, dated 2 June 2016.