RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-04537
		
    						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

He receive Assignment Incentive Pay (AIP) associated with the Post Deployment Mobilization Respite Absence (PDMRA) he earned from 1 Oct 13 through 6 Jul 14. 

APPLICANT CONTENDS THAT:

He was mobilized during the period Oct 13 through Jul 14, and should have earned 14 days of PDMRA during this period.  He had previously deployed in 2010 and 2012 for more than 12 months combined.  However, he did not receive PDMRA.  In accordance with Public Law 112-120, he is authorized to receive AIP in lieu of PDMRA.  

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

STATEMENT OF FACTS:

The applicant served in the grade of technical sergeant in the Air National Guard during the period of time under review. 

On 10 Aug 10, the applicant was furnished an Honorable discharge certificate, with a narrative reason for discharge of “Release due to demobilization,” and was credited with serving seven months and seven days of active service this period. 

On 18 Dec 12, the applicant was furnished an Honorable discharge certificate, with a narrative reason for discharge of “Completion of required active service,” and was credited with serving 7 months and 26 days of active service this period. 

On 6 Jul 14, the applicant was furnished an Honorable discharge certificate, with a narrative reason for discharge of “Release due to demobilization,” and was credited with serving nine months and six days of active service this period, which included 189 days on the ground at Al Dhafra Air Base, United Arab Emerites.  

AFI 36-3006, Military Leave Program, indicates members serving between 181 and 210 days in theater, who qualify for PDMRA, accrue a total of 14 days of PDMRA.  

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

AIR FORCE EVALUATION:

NGB/A1XR recommends granting the applicant’s request, indicating there is evidence of an error or injustice.  In accordance with Section 605 of the Fiscal Year 2013 (FY13) National Defense Authorization Act (NDAA), upon application, the Secretary concerned shall make a payment to each individual described in paragraph (2) of $200 for each day of nonparticipation of such individual in the Post-Deployment/Mobilization Respite Absence program as described in that paragraph. (2) COVERED INDIDUALS- An individual described in this paragraph is an individual who (A) was eligible for participation as a member of the Armed Forces in the Post-Deployment/Mobilization Respite Absence program; but (B) as determined by the Secretary concerned pursuant to an application for the correction of the military records of such individual pursuant to section 1552 of Title 10, United States Code, or other process as determined by the Secretary, did not participate in one or more days in the program for which the individual was so eligible due to Government error. 

Recommend granting the applicant’s request to be paid AIP of $200 per day for 14 days of earned PDMRA. 

A complete copy of the NGB/A1XR evaluation, with attachments, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 13 Dec 16 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 NGB/A1XR and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  Therefore, in view of the applicant’s 189 days of boots-on-the-ground at Al Dharfa Air Base, United Arab Emirates, which appears to meet the criteria in AFI 36-3003 for accrual of 14 days of PDMRA, we recommend the applicant's records be corrected as 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 he accrued 14 days of Post-Deployment/Mobilization Respite Absence (PDMRA) when he was released from active duty on 6 July 2014, 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-2015-04537 in Executive Session on 24 Jan 17 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 19 Dec 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1XR, dated 28 Nov 16, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 13 Dec 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.