RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-04436 

   						COUNSEL:  NO

HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

He receive Assignment Inceptive Pay (AIP) for the days of Post Deployment Mobilization Respite Absence (PDMRA) for which he was not compensated. 

APPLICANT CONTENDS THAT:

Based upon the guidance in AFI 36-3003, Military Leave Program, Figure 4, he earned 14 days of PDMRA for his mobilization during the period 5 Jun 12 through 5 Dec 12.  However, upon his return from mobilization, he was not awarded the PDMRA or paid for the days.  

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

STATEMENT OF FACTS:

The applicant served in the Air National Guard during the matter under review. 

On 18 Apr 07, 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 a tour of mobilized service occurring on or after 1 Jan 07, in order for PDMRA to accrue.

According to a Travel Authorization document provided by the applicant dated 19 Oct 12, the applicant arrived in Kuwait on 5 Jun 12 and departed 5 Dec 12 (approximately 184 days).

According to AFI 36-3003, the PDMRA accrual rate for eligible Airmen deployed in the combat zone area for 181 – 121 days is 14 days of PDMRA.

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 C.    

AIR FORCE EVALUATION:

NGB/A1XR recommends granting the applicant’s request, indicating there is evidence of an error or an injustice.  Public Law 4310-143, Section 605, states “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 INDIVIDUALS - 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.”  DFAS did not pay the member military pay/entitlements for the earned PDMRA days.  

Recommends granting the applicant’s request to be paid AIP of $200 per day for 14 days of earned PDMRA, along with the 14 days of Title 10 Active Duty points towards his point summary.  

A complete copy of the NGB/A1XR 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 28 Nov 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 on 6 December 2012, he accrued 14 days of Post-Deployment/Mobilization Respite Absence (PDMRA) 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-2016-04436 in Executive Session on 14 Feb 18 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 27 Oct 16, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1XR, dated 23 Aug 17.
	Exhibit D.  Letter, SAF/MRBR, dated 28 Nov 17.
	
Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified a quorum was present at the Board's review and deliberations, and the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.