ADDENDUM RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02570 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be paid Assignment Incentive Pay (AIP) at a rate of $200.00 per day for 30 days in lieu of Post Deployment/Mobilization Respite Absence (PDMRA) for the period 16 February 2009 – 18 March 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 30 April 2012, 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 30 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 16 February 2009, but continued to serve on active duty for 30 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 at Exhibit E. On 7 May 2012, the Secretary’s designee issued directives to the Chief of Staff of the Air Force to correct the applicant’s records accordingly. 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 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 he already performed military duty that conflicts within the correction to his record directed by the board. Specifically, the board decided to grant him 30 days of PDMRA and extend his mobilization tour by that number of days. However, because he had already reverted to his Title 32 Active Guard Reserve tour during this period DFAS has yet to pay him. The applicant’s complete submission, with attachments, is at Exhibit F. 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 30 days of PDMRA. NGB/A1PR request that DFAS reimburse the $200.00 per day for not currently mobilizing members as referenced in AFI 36-3003 paragraph 15.2.1.1.1 for the previously awarded 30 days of PDMRA. PDMRA is an administrative absence that qualifying mobilized members can apply for. It 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. During his 2009 mobilization the applicant earned 30 days of PDMRA for 26 months of creditable mobilizations/deployments within the previous 72 month window. However, the unit did not implement the PDMRA policy in order to award earned days. A complete copy of the NGB/A1PR evaluation, with attachments, is at Exhibit G. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 15 May 2015 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 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 30 days of Post- Deployment/Mobilization Respite Absence (PDMRA) and that he was not released from active duty on 16 February 2009, but on that date continued to serve on active duty until 18 March 2009 for the purpose of taking his accrued PDMRA benefit. 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 directive issued in this case on 7 May 2012 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 30 days of PDMRA credit he should have received at the conclusion of his mobilization tour in February 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 AFI 36-3003, Military Leave Program, as 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: a. The directive issued to the Chief of Staff on 7 May 2012 be declared void and removed from his records. b. He accrued 30 days of Post-Deployment/Mobilization Respite Absence (PDMRA) when he was released from active duty on 16 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-2011-02570 in Executive Session on 19 January 2016 under the provisions of AFI 36-2603: All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit E. ROP, dated 7 May 2012, w/atchs. Exhibit F. DD Form 149 RECON, dated 2 August 2014, w/atchs. Exhibit G. Memorandum, NGB/A1PR, dated 1 December 2014, w/atchs. Exhibit H. Letter, SAF/MRBR, dated 15 May 2015. 3