ADDENDUM TO\ RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03759 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: 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 complete 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 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 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 six 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 six days, and on 12 Mar 09 was released from active duty. On 23 Jun 11, the Secretary’s designee issued a directive to the Chief of Staff of the Air Force to correct the applicant’s records accordingly. On 11 Jun 13, 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, 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 AFBCMR directed there should be a correction to his military records and compensation of military pay, points, and applicable benefits for loss of six days of PDMRA. According to docket number BC-2010-03759, member was only awarded six days PDMRA. The applicant’s order was extended to reflect PDMRA days through 12 Mar 09. 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 for six days. Additionally, NGB/A1PR recommends DFAS confirm applicant was compensated appropriately for 1.) AIP in the amount of $200.00 per day totaling $1200 for six days; 2.) Duty performed on 8 March 2009 in a federal duty status as a Traditional/Drill Status Guardsman. 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 1 Oct 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 directive 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 6, not 18 days of Post- Deployment/Mobilization Respite Absence (PDMRA) and that he was not released from active duty on 6 Mar 09, but on that date he continued to serve on active duty until 12 Mar 09 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 payment for the constructed duty, as doing so would result in dual compensation to the applicant for one 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 6 days of PDMRA credit he should have received at the conclusion of his mobilization tour in 2009. We 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, and was not paid for the conflicting duty. 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 six 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 Air Force Board for Correction of Military Records 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 six 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-2010-03759 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-2010-03759 was considered: Exhibit D. Record of Proceedings (ROP), dated 23 Jun 11, w/atch. Exhibit E. Memoranda, AFBRA, dated 23 Jun 11 and 11 Jun 13. Exhibit F. DD Form 149, dated 3 Aug 14, w/atchs. Exhibit G. Memorandum, NGB/A1PR, dated 29 Sep 15. Exhibit H. Letter, SAF/MRBR, dated 1 Oct 15. 5