ADDENDUM RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03708 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be paid Assignment Incentive Pay (AIP) at a rate of $200.00 per day for the Post-Deployment/Mobilization Respite Absence (PDMRA) he should of earned during his mobilization in 2009. STATEMENT OF FACTS: The applicant was one of over 60 members of the West Virginia Air National Guard who petitioned the AFBCMR to correct their records to reflect they were credited with various amounts of PDMRA at the end of their mobilization tours during 2009. The applicants contended because their unit was unaware of the PDMRA program, as promulgated by Secretary of Defense Memorandum, Utilization of the Total Force, dated 19 January 2007, they were the victims of an injustice because they were unable to partake in this important entitlement program. On 5 May 2011, after thoroughly considering the facts and circumstances of the applicant’s case, the Board determined the evidence he provided was sufficient to conclude he should have been credited with 34 days of PDMRA credit at the end of his mobilization tour and recommended correcting the applicant’s records to reflect he was not released from active duty on 6 March 2009, but continued to serve on active duty for 34 additional days for the purpose of utilizing his PDMRA credit. For an accounting of the facts and circumstances surrounding the applicant’s request and the rationale of the earlier decision by the Board, see the Record of Proceedings (ROP) at Exhibit D. On 15 July 2011, the Secretary’s designee issued a directive to the Chief of Staff of the Air Force to correct the applicant’s records accordingly. On 9 November 2011, ARPC/DPTS notified the applicant that his records had been corrected in accordance with the aforementioned directive. Specifically, his DD Form 214, Certificate of Release or Discharge from Active Duty, was corrected to reflect that he was not released from active duty on 6 March 2009, but served on active duty until 9 April 2009, when he was released from active duty. On 11 June 2013, the Secretary’s designee issued a corrected directive to the Chief of Staff of the Air Force which added the phrase “any leave accrued as a result of this correction was sold.” Subsequent to these corrections being made to the applicant’s military personnel records, Defense Finance and Accounting Service (DFAS) advised the AFBCMR staff that payment could not be made to the applicant because doing so would result in dual compensation. In this respect, DFAS noted that many of the applicants performed other military duty (and had been paid) during the period for which the AFBCMR directed the records be corrected. The Fiscal Year 2013 (FY 2013) National Defense Authorization Act (NDAA), Section 605, provides for the payment of $200 per day for the nonparticipation of eligible members in the PDMRA program due to government error. Members may submit an application to the Board for Correction of Military Records or use another process created by the Secretary concerned. In his request for reconsideration, the applicant contends that he already performed military duty that conflicts with the correction to his record directed by the board. Specifically, the board decided to grant him 34 days of PDMRA and extend his mobilization tour by that number of days. However, because he had already performed Unit Training Assembly during this period DFAS has yet to pay him. The applicant’s complete submission, with attachments, is at Exhibit E. AIR FORCE EVALUATION: NGB/A1PR recommends granting the applicant’s request, indicating there is evidence of an error or injustice. The AFBCMR directed there should be a correction to his military records and compensation of military pay, points, and applicable benefits for loss of 38 (sic) days of PDMRA. The applicant’s order was extended to reflect PDMRA days (7 March 2009 - 13 April 2009 (sic)). However, the applicant had already performed federal duty during the awarded PDMRA days. DFAS paid the member Assignment Incentive Pay (AIP) in accordance with AFI 36-3003 paragraph 15.4.1.1 “Reserve component members who are federal, state, or local government civilian employees, and are ‘precluded by law’ from being paid by federal, state or local governments simultaneously serving in a reserve component status and in their civilian jobs may elect to receive AIP (37 U.S.C. Section 307a) in lieu of being awarded administrative absence days.” Although he has received AIP, DFAS has not paid him military pay/entitlements for the duty that precluded the PDMRA. NGB/A1PR recommends the military record be corrected to reflect payment of AIP. Additionally, NGB/A1PR recommends DFAS confirm applicant was compensated appropriately for 1.) AIP in the amount of $200.00 per day totaling $7600 (sic) for 38 (sic) days not to exceed the $3000 monthly maximum payable to an individual member under 37 U.S.C. Section 307a IAW AFI 36-3003; 2.) Duty performed on 7 March 2009 in a federal duty status as a Traditional/Drill Status Guardsman. The complete copy of the NGB/A1PR evaluation is at Exhibit F. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 13 August 2015 for review and comment within 30 days (Exhibit G). As of this date, no response has been received by this office. THE BOARD CONCLUDES THAT: After again reviewing the facts and circumstances of this case, our earlier determination the applicant was the victim of an error or injustice, and the relief crafted by virtue of the directive issued as a result of our previous decision, we are convinced by the evidence presented the applicant continues to be the victim of an error or injustice. This Board previously determined the applicant’s records should be corrected to reflect that he was credited with 34 days of Post- Deployment/Mobilization Respite Absence (PDMRA) and that he was not released from active duty on 6 March 2009, but on that date continued to serve on active duty until 9 April 2009 for the purpose of taking his accrued PDMRA benefit. As a result of our finding, corrections were made to his DD Form 214, Certificate of Release or Discharge from Active Duty, and point credit accounting reporting summary (PCARS) to reflect that he performed this additional constructed active service. However, because the applicant had already performed other military duty during said period, DFAS could not process full payment for the constructed duty as doing so would result in dual compensation to the applicant for some of the days in question. Had the Board been aware the applicant had performed duty that conflicted with the recommended correction to his records when his case was originally considered, it would have instead corrected the applicant’s records to reflect that he was entitled to $200.00 per day of PDMRA credit as it has previously done in other cases where conflicting military duty was appropriately raised. Therefore, in view of this, we believe it would be appropriate to recommend correcting the applicant’s record to reflect the original directives issued in this case on 15 July 2011 and 11 June 2013 be declared void and removed from the applicant’s records and that his records instead be corrected to reflect that he is entitled to payment of $200.00 per day for the 34 days of PDMRA credit he should have received at the conclusion of his mobilization tour in March 2009. We note the comments of NGB/A1PR indicating the applicant should be credited with 38 days of PDMRA credit, even though our original decision indicates 34 days of PDMRA should have been credited. After a thorough review of the evidence of record in the original case, we are convinced that our original calculation of 34 days is correct and therefore believe the NGB/A1PR advisory to be erroneous on this point. We also note the NGB/A1PR advisory incorrectly indicates the applicant was paid Assignment Incentive Pay (AIP) at the rate of $200.00 per day for each day of his original PDMRA entitlement. However, the evidence before us indicates that no payment was made to the applicant as a result of our original decision in this case; only his DD Form 214 and PCARS statements were corrected to reflect he performed additional constructed service. Nevertheless, we believe that by rescinding directives issued in his original case, he will be restored to the circumstance he was in at the conclusion of his 2009 mobilization tour. This will allow his record to be corrected to reflect he was credited with 34 days of PDMRA and should be paid $200.00 for each day of this credit in accordance with Section 605 of the FY 2013 NDAA, which directs this Board to do so when an applicant is deprived PDMRA credit due to government error. Therefore, we recommend granting relief under that authority, rather than AIP under Title 37 as requested by the applicant and recommended by NGB/A1PR. Accordingly, we recommend the applicant’s record be corrected to the extent 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: a. The directives issued to the Chief of Staff on 15 July 2011 and 11 June 2013 be declared void and removed from his records. b. He accrued 34 days of Post-Deployment/Mobilization Respite Absence (PDMRA) when he was released from active duty on 6 March 2009, 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-2010-03708 in Executive Session on 19 January 2016 under the provisions of AFI 36-2603: All members voted to correct the records pertaining to AFBCMR Docket Number BC-2010-03708 as recommended. The following documentary evidence was considered: Exhibit D. ROP, dated 15 July 2011, w/atchs. Exhibit E. DD Form 149, dated 3 August 2014, w/atchs. Exhibit F. Memorandum, NGB/A1PR, dated 31 July 2015. Exhibit G. Letter, SAF/MRBR, dated 13 August 2015.