ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02813 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. 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. 2. His DD Form 214, Certificate of Release or Discharge from Active Duty, in conjunction with his 4 October 2004, release from active duty be corrected to reflect 1 year, 7 months, and 2 days in Block 12c, instead of 7 months and 2 days. RESUME OF CASE: The applicant is currently serving in the Air National Guard (ANG) in the grade of Senior Master Sergeant (SMSgt, E-8). According to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, he was on active duty from 3 March 2003 to 4 October 2004 and was released from active duty due to demobilization; however, Block 12c of the applicant’s DD Form 214 only reflects 7 months and 2 days. 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 January 2007, they were the victims of an injustice because they were unable to partake in this important entitlement program. On 19 April 2012, 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 20 February 2009, but was placed in administrative absence status for 14 additional days for the purpose of utilizing his PDMRA credit (Exhibit E). On 7 May 2012, the Secretary’s designee issued a directive to the Chief of Staff of the Air Force to correct the applicant’s records accordingly. 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. Section 605 of the FY13 National Defense Authorization Act (NDAA) 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 for correction or use another process created by the Secretary concerned. 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 approval of the applicant’s request for payment for his earned PDMRA credit, indicating the applicant be compensated for 14 days of PDMRA and his records be corrected to reflect the points and applicable benefits for loss of 14 days in the amount of $200 per day for not currently mobilized members, in accordance with AFI 36-3003, Military Leave Program, paragraph 15.2.1.1.1 for the previously awarded 14 days of PDMRA. PDMRA is an administrative absence applied to qualifying mobilized members. 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 14 days of PDMRA for 21 months of creditable mobilizations/deployments within the previous 72 month window. However, the unit did not implement the PDMRA policy for the applicant to utilize his earned days. A complete copy of the NGB/A1PR evaluation is at Exhibit G. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the NGB/A1PR evaluation was forwarded to the applicant on 18 September 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 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 directive issued as a result of our previous decision, we are convinced 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 14 days of Post- Deployment/Mobilization Respite Absence (PDMRA) and that he was not released from active duty on 20 February 2009, but on that date continued to serve on active duty until 6 March 2009 for the purpose of taking his accrued PDMRA benefit. However, because the applicant had already performed duties in his Active Guard Reserve status, 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 for each day of his 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 directive 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 14 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. While NGB/A1PR recommends retirement points also be awarded in addition to the payment of the $200.00 per day of his PDMRA benefit, in view of the fact that the FY13 NDAA directs only payment of $200.00 per day in these cases, we believe that also awarding retirement points to the applicant would be above and beyond what is required by the FY13 NDAA and inconsistent with the relief we have granted in other similar cases.. As for the applicant’s request that his DD Form 214, for the period from 3 March 2003 to 4 October 2004, be corrected to reflect that he was credited with 1 year, 7 months and 2 days of active service, instead of 7 months and 2 days of active service, we are convinced that corrective action is warranted. In this respect, we note the applicant’s tour of active duty as reflected in the DD Form 214 was for 1 year, 7 months, and 2 days. Therefore, Block 12c is in error and should be changed to accurately reflect the applicant’s net active service for the contested period. Accordingly, 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 Air Force Board for Correction of Military Records directive issued to the Chief of Staff on 7 May 2012 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 active duty on 20 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). c. His DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 4 October 2004 release from active duty, Block 12c be amended to reflect his “Net Active Service This Period” to show “01 year, 07 months, and 02 days.” The following members of the Board considered AFBCMR Docket Number BC-2011-02813 in Executive Session on 29 October 2015 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 E. Record of Proceedings, dated 7 March 2012, w/atchs. Exhibit F. DD Form 149, dated 3 August 2014, w/Exhibits. Exhibit G. Memorandum, NGB/A1PR, dated 1 December 2014, w/atchs. Exhibit H. Letter, SAF/MRBR, dated 18 September 2015. 4