IN THE CASE OF: BOARD DATE: 22 July 2014 DOCKET NUMBER: AR20130018218 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests Post-Deployment/Mobilization Respite Absence (PDMRA) pay in the amount of $15,200. 2. The applicant states he was mobilized from 17 March 2006 to 20 September 2007 in support of Operation Iraqi Freedom (OIF). He was also mobilized in support of OIF in August 2004 to January 2006 and in support of Operation Noble Eagle from August 2002 to July 2004. In accordance with the PDMRA, he is entitled to payment of $200 per day for each earned administrative day. He earned 76 days and is entitled to payment of $15,200. He was not informed by his parent unit that he was entitled to this benefit and he kept receiving the wrong forms. 3. The applicant provides three DD Forms 214 (Certificate of Release or Discharge from Active Duty), a memorandum, DD Form 827 (Application for Arrears in Pay), a page titled PDMRA calculator, an Army National Guard (ARNG) Retirement Points History Statement, and eight orders dated between 28 October 2004 and 4 April 2007. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant was serving as a member of the ARNG in the rank/grade of staff sergeant (SSG)/E-6 and he was ordered to active duty in support of OIF as a member of his ARNG unit. He entered active duty on 17 March 2006. He was honorably released from active duty (REFRAD) on 20 September 2007 to the control of the ARNG. 3. The DD Form 214 he was issued for the above period of service shows he served in Iraq from 8 August 2006 to 26 August 2007. It further shows he completed the period for which he was ordered to active for the purpose of post service benefits and entitlements. 4. The applicant provides a memorandum he received from the Director of Personnel, G-1, Oklahoma ARNG (OKARNG), dated 6 May 2010, Subject: ARNG Policy Guidance for Cash Reimbursement for Unused PDMRA for Reserve and ARNG Personnel during the period 19 January to 18 August 2007, (NGB-ARH Policy Memorandum #10-013, dated 17 February 2010). This document stated: a. This office had reviewed data and supporting documentation for the period of qualification for the program and his request for payment of unused PRMRA was denied as he did not meet the eligibility for compensation as he was in the theatre of operations after 18 August 2007. b. He was further advised that his recourse was to apply to the ABCMR to have his case adjudicated. 5. He also provides a PDMRA calculator page, dated 5 May 2010, wherein it shows he earned a total of 76 days of PDMRA for his mobilization from March 2006 to September 2007. 6. His record is void of any documents indicating he requested and/or was denied the use of PDMRA during this mobilization period. 7. On 1 September 2011, he was discharged from his ARNG unit in the rank of SSG and he was transferred to the Retired Reserve by reason of eligibility for retired pay for non-regular service. 8. The following are the governing authority documents for PDMRA: a. Secretary of Defense Memorandum, Utilization of the Total Force, dated 19 January 2007, directed a program be established to recognize members who are required to mobilize or deploy with a frequency beyond policy-established rotation goals; b. Under Secretary of Defense Memorandum, Programs to Support Utilization of the Total Force, dated 18 April 2007, established the PDMRA program in response to the Secretary of Defense directive in his 19 January 2007 memorandum; and c. All Army Activities (ALARACT) Message 173/2007, dated August 2007, contained the Army’s PDMRA implementation guidance. 9. Department of the Army Personnel Policy Guidance (PPG) states PDMRA is designed to give extra time off to Reservists and members of the ARNG to compensate them for too little dwell time at home between deployments. PDMRA days are also available to Active Component Soldiers who have deployed to Afghanistan, Iraq, or with certain theater units and other areas as determined by the Secretary of the Army or his designated representative. 10. The PPG also contains guidance on Reserve Component (RC) creditable mobilizations/deployments. These include involuntary or voluntary mobilization/deployments if the duty is performed in Iraq, Afghanistan, or Kuwait. PPG guidance on PDMRA usage states RC Soldiers may use accrued PDMRA during any authorized rest and recuperation leave period, or during current mobilization order/authorized extension of current mobilization order. Soldiers unable to utilize accrued PDMRA days during their current mobilization order may be voluntarily retained on active duty for Operational Support orders to utilize accrued PDMRA days. No tax benefits accrue or are attached to days of PDMRA regardless of where they were earned or awarded. PDMRA cannot be sold back at discharge, REFRAD, or retirement. There are no provisions allowing for carryover or monetary compensation for PDMRA days not used during the mobilization/deployment in which they were earned. 11. The 2010 National Defense Authorization Act (NDAA), section 604 provided special authority to monetarily compensate Soldiers who were REFRAD and not able to use PDMRA during the period between PDMRA authorization by the Secretary of Defense on 19 January 2007, and publication of the Army’s PDMRA implementation guidance on 18 August 2007. This authority expired on 28 October 2010. DISCUSSION AND CONCLUSIONS: 1. The applicant contends he is entitled to $15,200 for the 76 days of PDMRA he earned during his mobilization that ended on 20 September 2007. 2. The evidence of record confirms the applicant earned 76 days of PDMRA for his mobilization from March 2006 to September 2007 and during this period of active duty service he served in Iraq from 8 August 2006 to 26 August 2007. 3. However, the Army policy requires PDMRA to be used during the active duty period in which it was earned. There are no provisions to be monetarily compensated for PDMRA outside of the legal authority provided by the 2010 NDAA for those Soldiers not able to use PDMRA during the period 19 January through 18 August 2007. This authority expired on 28 October 2010. 4. The applicant did not meet the criteria for monetary compensation as he was still deployed during the period 19 January through 18 August 2007 and was not REFRAD until 20 September 2007. The record does not show and the applicant has not provided any evidence to show that he requested and was denied PDMRA during this period of active service. 5. In view of the foregoing, he is not entitled to the requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ____X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ __X_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20130018218 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130018218 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1