RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00336 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: She be compensated for pay, points, and applicable benefits for the loss of 12 days of Post Deployment/Mobilization Respite Absence (PDMRA). ________________________________________________________________ APPLICANT CONTENDS THAT: She earned 12 days of PDMRA during her 2010 mobilization; however, she was demobilized without utilizing her PDMRA; and, placed on Active Duty Operational Support (ADOS) orders before the Installation Personnel Readiness (IPR) function was notified to extend her orders for PDMRA. In support of her appeal, the applicant submits copies of her deployment history; DD Forms 214, Certificate of Release or Discharge from Active Duty; special orders; travel voucher summary; and an electronic communication. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently a member of the Ohio Air National Guard (ANG). On 19 January 2007, the Secretary of Defense (SecDef) released a memorandum, Utilization of the Total Force, directing the service secretaries to establish a new program to compensate individuals who are required to mobilize or deploy beyond the established rotational policy goals. On 18 April 2007, the Under Secretary of Defense released a memorandum, Programs to Support Utilization of the Total Force, establishing PDMRA as a new category of administrative absence. PDMRA accrues to Reserve component members when their creditable mobilized service exceeds 12 months in a rolling 72-month window as follows: one day for each month of mobilized service between 12 and 18 months, two days for each month of mobilized service between 18 and 24 months, and four days for each month of mobilized service in excess of 24 months. The rolling window must culminate with tour of mobilized service occurring on or after 1 January 2007 in order for PDMRA to accrue. According to the 1 October 2007 HQ USAF/A1P PDMRA implementation guidance, mobilizations starting no earlier than 7 October 2001 are creditable in calculating the PDMRA entitlement. Creditable mobilizations are defined as those under Title 10, United States Code (USC), Sections 12301(A) (Full Mobilization), 12302 (Partial Mobilization), or Section 12304 (Presidential Reserve Call-up). Additionally, voluntary (10 USC 12301(d)) deployed service to Afghanistan or Iraq since 7 October 2001 is also creditable for the purpose of PDMRA. On 26 October 2009, Air Force Instruction 36-3003, Military Leave Program, was revised to include PDMRA as a form of administrative absence. On 11 June 2010, NGB/A1 released amplifying information/guidance regarding the calculation and documentation of PDMRA usage/ entitlements. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1PR recommends denial. A1PR states that PDMRA is a “use or lose” benefit that must be approved by the member’s commander while serving in a mobilized status for the Reserve component. The applicant qualified for 12 days of PDMRA during a 2010 mobilization and was projected to be demobilized on 23 November 2010. The week prior to the applicant’s demobilization, A1PR was working with Headquarters Air Force to get a mobilization extension for the purpose of PDMRA. During that time, A1PR advised the unit not to demobilize the applicant until notification of the extension was received. An approval was anticipated because numerous other unit members involved in the mobilization received their extension approvals on 19 November 2010. Their office received final approval and forwarded it to the unit IPR on 29 November 2010. The approval extended the applicant’s mobilization out to 5 December 2010 for PDMRA. However, further review of the applicant’s orders within the Air National Guard Reserve Order Writing System (AROWS), does not support the loss of PDMRA based on the contentions made by the applicant. AROWS reflects the applicant was placed on a Special Training (ST) order on 18 October 2010, to begin immediately following her mobilization order. Furthermore, the applicant’s mobilization order was amended on 2 December 2010 changing her demobilization to 27 November 2010 – just one day prior to the start date of her ST order. This amendment occurred three days after the unit IPR was provided with the approved mobilization extension of 5 December 2010. If the commander’s intent was for the applicant to use her PDMRA, then her demobilization date would have been changed to 5 December 2010 rather than 27 November 2010. There was ample time and authority to provide an avenue for the applicant to utilize PDMRA if that was the intent of the commander. A1PR indicates the applicant’s record cannot be corrected to reflect a demobilization date of 5 December 2010 as her ST orders cover the same timeframe in question. She cannot be in a mobilized and special training status at the same time. A complete copy of the NGB/A1PR evaluation, with attachments, is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 8 April 2011 for review and comment within 30 days (Exhibit C). 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant's complete submission in judging the merits of the case and believe that it is unjust, that through no fault of her own, she was not provided an opportunity to utilize the provisions of the PDMRA. We note the Air Force office of primary responsibility asserts that if it was the commander’s intention to afford the applicant the use of her PDMRA, there was ample time to do so. However, we notice the Mobilization Cell (MOBCELL) did not notify the IPR to extend her mobilization tour orders to 5 December 2010 (to allow her to utilize her 12 days of PDMRA) until six days after her demobilization. Due to her mobilization orders not being extended, her ST orders, issued on 18 October 2010, were amended to begin the day after her demobilization (27 November 2010). As a result, she was unable to utilize the PDMRA she was entitled. Had the applicant not started her ST immediately following her demobilization, the Board could correct the record to reflect she was not released from her mobilization tour, but remained on active duty for the purpose of utilizing her accrued PDMRA credit; however, a member cannot be in a mobilized and special training status at the same time. Therefore, in view of the fact the applicant was not afforded the opportunity to utilize her PDMRA credit during her active duty tour, we believe that, in interest of equity and justice, it is appropriate to authorize the applicant, as an exception to policy, Assignment Incentive Pay (AIP) at the prescribed rate of $200.00 per day for each day of her PDMRA credit. Accordingly, we recommend her 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 APPLICANT be corrected to show that on 27 November 2010, as an exception to policy, competent authority approved her request for Assignment Incentive Pay (AIP), at the approved rate of $200.00 per day for the period 28 November 2010 through 9 December 2010. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-00336 in Executive Session on 29 September 2011, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 Jan 11, w/atchs. Exhibit B. Letter, NGB/A1PR, dated 22 Mar 11, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 8 Apr 11. Panel Chair