ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03729 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be paid Assignment Incentive Pay (AIP) in the amount of $200.00 per day for the 14 days of Post-Deployment/Mobilization Respite Absence (PDMRA) that he should have earned during his mobilization in 2009. STATEMENT OF FACTS: The applicant is in the Air National Guard (ANG) serving in the grade of Master Sergeant (MSgt, E-7). The applicant was one of over 60 members of the West Virginia ANG who petitioned the BCMR 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 that 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 3 May 2011, after thoroughly considering the facts and circumstances of the applicant’s case, the Board determined the evidence he had provided was sufficient to conclude that he should have been credited with 14 days of PDMRA credit at the end of his mobilization tour and recommended correcting the applicant’s records to reflect that he was not released from active duty on 28 February 2009, but continued to serve for 14 additional days and on 14 March 2009 was released from active duty for the purpose of utilizing his PDMRA credit. On 11 May 2011, the Secretary’s designee issued a directive to the Chief of Staff of the Air Force to correct the applicant’s records accordingly. An accounting of the facts and the rationale of the Board’s earlier decision is at Exhibit D. Subsequent to the corrections being made to the applicant’s military personnel records, DFAS advised the BCMR 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 BCMR directed the records to be corrected. Fiscal Year 2013 (FY13) National Defense Authorization Act (NDAA) § 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 AFBCMR or use another process created by the Secretary concerned. According to information provided by DFAS, no monetary payment was made to the applicant as a result of the original directive published in this case. The remaining relevant facts pertaining to this application are described in the memorandums prepared by the Air Force Office of Primary Responsibility (OPR), which are included at Exhibits F and H. The applicant’s complete submission, with attachments, is at Exhibit E. AIR FORCE EVALUATION: NGB/A1PR recommends approval. NGB/A1PR and the AFBCMR declared that there should be a correction of the applicant’s military records and compensation of military pay, points, and applicable benefits for the loss of 42 [sic] days of PDMRA by the applicant. The applicant’s order was extended to reflect PDMRA days for duty performed on 28 February 2009 to 11 April 2009 [sic]. However, the applicant had already performed federal duty during the awarded PDMRA days for duty performed in a federal duty status as a Traditional/Drill Status Guardsman. A 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 12 August 2015 for review and comment within 30 days (Exhibit G). As of this date, no response has been received by this office. ADDITIONAL AIR FORCE EVALUATION: In a revised evaluation, NGB/A1PR recommends DFAS compensate the applicant AIP for 14 days for the previously awarded PDMRA with a payment of $200.00 per day for 14 days totaling $2,800. The applicant requested his records reflect PDMRA during his 2009 mobilization and his request was granted. DFAS did not pay the applicant loss of military pay/entitlements because the applicant performed federal duty during the awarded PDMRA days. A complete copy of the NGB/A1PR evaluation is at Exhibit H. APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 23 October 2015 for review and comment within 30 days (Exhibit I). 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. After again reviewing the facts and circumstances of this case, our earlier determination that the applicant was the victim of an error or injustice, the evidence the applicant presented, and the relief crafted by virtue of the AFBCMR directives issued as a result of our previous decision, we are convinced the applicant continues to be the victim 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/A1PR and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. Had this 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 he was entitled to $200.00 per day of PDMRA credit, as it has previously done in other cases where conflicting duty was appropriately raised. In view of the fact that the Fiscal Year (FY) 2013 National Defense Authorization Act (NDAA) directs this Board to pay an applicant $200 per day for the number of days he would have earned were it not for government error, the Board recommends granting relief under that authority, rather than AIP under 37 U.S.C. § 307a. 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: a. The directive issued to the Chief of Staff on 11 May 2011, be declared void and removed from his records. b. He accrued 14 days of Post-Deployment/Mobilization Respite Absence (PDMRA) when he was released from his active duty tour on 28 February 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-2010-03729 in Executive Session on 8 December 2015 under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit D. Record of Proceedings, dated 11 May 2010, w/atch. Exhibit E. DD Form 149, dated 2 August 2014, w/atchs. Exhibit F. Memorandum, NGB/A1PR, dated 31 July 2015. Exhibit G. Letter, SAF/MRBR, dated 12 August 2015. Exhibit H. Memorandum, NGB/A1PR, dated 15 October 2015. Exhibit I. Letter, SAF/MRBR, dated 23 October 2015.