ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03745 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be paid Assignment Incentive Pay (AIP) in lieu of the Post Deployment Mobilization Respite Absence (PDMRA) he earned but was not compensated for after his demobilization in 2009. APPLICANT CONTENDS THAT: He has not been fully compensated for the previous correction the AFBCMR made to his records. The Board previously decided to grant relief in his case and directed his records be corrected to reflect he was awarded 18 days of PDMRA; however, although he was awarded points, because he performed federal duty as a Traditional/Drill Status Guardsman during the same period of time designated by the AFBCMR as his PDMRA, the Defense Finance and Accounting Service (DFAS) did not pay him. The applicant’s completed submission, with attachments, is at Exhibit F. STATEMENT OF FACTS: The applicant was one of over 60 members of the West Virginia Air National Guard 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 Jan 07, they were the victims of an injustice because they were unable to partake in this important entitlement program. On 23 Jun 11, 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 18 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 6 Mar 09, but on that date he was placed in an administrative absence status for a period of 18 days, and on 24 Mar 09 was released from active duty (Exhibit F). On 23 Jun 11 and 11 Jun 13, the Secretary’s designee issued directives to the Chief of Staff of the Air Force which directed the applicant’s records be corrected accordingly On 26 Feb 13, ARPC/DPTO notified the applicant that they corrected his records to reflect that his DD Form 214 was corrected to reflect that he was not released from active duty on 6 Mar 09, but on that date continued to serve on active duty until 24 Mar 09, and his point credit and accounting report summary (PCARS) was updated to reflect he earned retirement points for the constructed period of service. Subsequent to these corrections being made to the applicant’s military personnel records, 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 many of the applicants performed other military duty (and had been paid) during the period for which the AFBCMR directed the records 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 the Defense Finance Accounting Service (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 memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit G. AIR FORCE EVALUATION: NGB/A1PR recommends granting the applicant’s request, indicating there is evidence of an error or injustice. The member is requesting he be paid AIP in lieu of PDMRA days in accordance with AFI 36-3003, Military Leave Program, paragraph 15.4.1.1., which states “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 Assignment Incentive Pay (AIP) [37 United States Code (U.S.C.) Section 307a] in lieu of being awarded administrative absence days.” The AFBCMR directed there should be a correction to his military record and compensation of military pay, points, and applicable benefits for the loss of 18 days of PDMRA. The member’s orders were extended to reflect PDMRA days (from 7 Mar 09 through 24 Mar 09). However, the applicant had already performed federal duty during the awarded PDMRA days. As a result, DFAS did not pay the applicant military pay/entitlements for the awarded PDMRA days because that would have constituted a second payment for the same period of time. Recommend DFAS compensate the applicant with AIP in the amount of $200.00 per day for 18 days totaling $3600. A complete copy of the NGB/A1PR evaluation is at Exhibit G. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 9 Dec 15, for review and comment within 30 days (Exhibit H). 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 that the applicant was the victim of an error or injustice, and the relief crafted by virtue of the directives issued as a result of our previous decision, we are convinced by the evidence presented that the applicant continues to be the victim of an error or injustice. This Board previously determined that the applicant’s records should be corrected to reflect that he was credited with 18 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 24 March 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 many of the days in question. 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. Therefore, in view of this, we believe it would be appropriate to recommend correcting the applicant’s record to reflect that the original directives issued in this case 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 18 days of PDMRA credit he should have received at the conclusion of his mobilization tour in 2009. In view of the fact that the FY 2013 NDAA directs this Board to pay an applicant $200.00 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 assignment incentive pay (AIP) under Title 37 U.S.C., Section 307a as requested by the applicant and recommended by NGB/A1PR. Therefore, we recommend the applicant’s records 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 23 June 2011 and 11 June 2013 be declared void and removed from his records. b. He accrued 18 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-2010-03745 in Executive Session on 12 Jan 16, under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-03745 was considered: Exhibit D. Record of Proceedings (ROP) w/Exhibits, dated 23 Jun 11. Exhibit E. Memorandum, AFBCMR, dated 11 Jun 13. Exhibit F. DD Form 149 RECON, dated 2 Aug 14, w/atchs. Exhibit G. Memorandum, NGB/A1PR, dated 8 Dec 15. Exhibit H. Letter, SAF/MRBR, dated 9 Dec 15.