RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03170 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be compensated for pay, points, and applicable benefits for the loss of 30 days of Post Deployment/Mobilization Respite Absence (PDMRA). ________________________________________________________________ APPLICANT CONTENDS THAT: He earned 30 days of PDMRA during the 2009 Mobilization. However, he was demobilized without utilizing his PDMRA due to lack of program knowledge by his unit. He was denied an opportunity to take leave under the PDMRA due to an administrative error. The applicant’s complete submission, with attachments, is at Exhibit A. _________________ ______________________________________________ STATEMENT OF FACTS: The applicant is a member of the West Virginia Air National Guard (ANG). PDMRA is a program intended to recognize Service members who are mobilized beyond certain rotation frequency thresholds (12 months in any 72-month period for Reserve Component members) by awarding them administrative absence days. When a member mobilizes or deploys beyond these targets, administrative absences are granted to offer additional respite, to be taken at a time convenient to the member and family. The number of administrative absence days authorized is based on the number of months beyond 12 that the Service member is deployed. Section 605 of the FY2013 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 Board for Correction of Military Records (BCMR) or use another process created by the Secretary concerned. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force which is at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1PR recommends the applicant be compensated for 30 days of PDMRA. The applicant performed military duty from 6 Mar 09 through 4 Apr 09 and earned 30 days of PDMRA for 26 months of creditable mobilizations/deployments within previous 72-month period. The applicant’s unit was not familiar with the requirements of the PDMRA program and failed to implement the policy when members of their wing were being demobilized in 2009. The unit’s lack of knowledge of the PDMRA program resulted in their members not receiving their earned PDMRA credit. A complete copy of the NGB/A1PS evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 11 Jan 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air National Guard office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. We agree it is unjust that, through no fault of his own, the applicant was not provided an opportunity to utilize the provisions of PDMRA due to the wing’s failure to properly implement the program. We note the applicant has requested pay, points, and benefits for the period that he should have been afforded a leave of absence under the PDMRA program; however, in view of the fact the provisions of the Fiscal Year 2013 National Defense Authorization Act provide that members such as the applicant should be paid $200 per day for every day of PDMRA they would have received were it not for the government’s error, we believe correcting the applicant’s record to the extent indicated below represents full and fitting relief. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he accrued 30 days of Post-Deployment/Mobilization Respite Absence (PDMRA) when he was released from active duty on 6 March 2009 and was 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-2012-03170 in Executive Session on 14 May 13, 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 14 Jul 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, NGB/A1PR, dated 18 Sep 12, w/atch. Exhibit D. Letter, SAF/MRBR, dated 11 Jan 13. Panel Chair