RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-04412

						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

He receive Assignment Incentive Pay (AIP) in lieu of the Post Deployment Mobilization Respite Absence (PDMRA) he earned but was not compensated for as a result of his demobilizations in 2009, 2011 and 2014.

APPLICANT CONTENDS THAT:

He has met all the requirements for PDMRA for his deployments and believes his nonpayment was an oversight.

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

STATEMENT OF FACTS:

The applicant is currently serving in the Alabama Air National Guard (ANG) in the grade of Technical Sergeant (TSgt).

The applicant served in an active duty status in support of Operation IRAQI FREEDOM (OIF) from 1 Jan 09 to 31 Aug 09, and was released from active duty and reverted to his traditional status.

The applicant served in an active duty status in support of Operation NEW DAWN from 11 May 11 through 13 Nov 11, and was released from active duty and reverted to his traditional status.

The applicant served in an active duty status in support of Operation ENDURING FREEDOM (OEF) from 20 May 13 through 6 Jan 14, and was released from active duty and reverted to his traditional status.

The applicant served in an active duty status from 13 Feb 14 through 28 May 14, and was released from active duty and reverted to his traditional status.

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility, 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. 

The applicant active duty tours in 2009 and 2011 qualified to earn PDMRA as long as he deployed again before 2016.  The applicant deployed again in May 2013 through Jan 2015.  He should have earned 14 days of PDMRA.  The PDMRA days were not calculated or awarded upon the applicant’s return from mobilization and the Defense Finance and Accounting Service (DFAS) did not pay the applicant for the PDMRA days that he should have been awarded.

Per Public Law 4310-143, Section 605, 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 PDMRA 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 PDMRA 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 (USC), 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. 

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 5 Oct 17, 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.  While the Board notes the recommendation of NGB/A1XR to grant payment of AIP of $200 per day for 14 days of PDMRA earned and 14 days of Title 10 Active Duty points, House Report 4310-143, Section 605 of the FY13 NDAA limits the relief the Board can provide in this situation to $200 per day of AIP for each day of earned PDMRA but does not authorized the granting of additional entitlements such as active duty points for the same period of time.  Therefore, 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 that he accrued 14 days of Post-Deployment/Mobilization Respite Absence (PDMRA) when he was released from active duty on 6 January 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-2016-04412 in Executive Session on 30 Nov 17 and 1 May 18 under the provisions of AFI 36-2603, Air Force Board for Correction of Military Records:

		, 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 27 Oct 16, w/atchs.
	Exhibit B.  Excerpts from Master Personnel Records.	Exhibit C.  Memorandum, NGB/A1XR, dated 24 May 17, w/atchs.
	Exhibit D.  Letter, AFBCMR, dated 5 Oct 17.

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.