RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03335 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be paid Assignment Incentive Pay (AIP) at a rate of $200.00 per day for 26 days in lieu of Post Deployment/Mobilization Respite Absence (PDMRA) for the period 27 December 2008 through 6 March 2009. APPLICANT CONTENDS THAT: He was a drill status guardsman and performed military duty that conflicted with the PDMRA period. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant is currently serving in the Air National Guard (ANG). On 19 January 2007, the Secretary of Defense 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, USC, Sections 12301(a) (Full Mobilization), 12302 (Partial Mobilization), or 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, AFI 36-3003, Military Leave Program, was revised to include PDMRA as a form of administrative absence. The Fiscal Year 2013 (FY13) National Defense Authorization Act (NDAA), Section 605, provides for the payment of $200.00 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. As a result, any relief granted by the Board on this issue subsequent to January 2013, must take the form of a cash payment of $200.00 per day of PDMRA credit that the Board determines an applicant would have received were it not for the government error. The applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, reflects he was on active duty from 27 December 2008 to 6 March 2009 and was released from active duty due to demobilization. His DD Form 214, Block 18, Remarks, also reflects that he served on active duty in support of OPEARTION Noble Eagle/Enduring Freedom from 27 December 2008 to 6 March 2009. He also served in the designated imminent danger pay area or Afghanistan from 11 January 2009 to 19 February 2009 under USC 12302. AIR FORCE EVALUATION: NGB/A1PR recommends the applicant be compensated for 26 days of PDMRA. If PDMRA would have been implemented prior to the applicant’s demobilization date, he would have earned 26 days of PDMRA for 26 months of creditable mobilizations/deployments within the 72-month rolling window. However, the unit did not implement the PDMRA policy to enable him to utilize his earned days. In accordance with FY13 NDAA, Section 605, paragraph 1, payment of benefit for nonparticipation of eligible members in PDMRA program due to Government error, the applicant should be paid AIP at a rate of $200 per day for 26 days totaling $5200.00. A complete copy of the A1PR evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 17 August 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). 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. Having carefully reviewed this application, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, we recommend the applicant's records be corrected as set forth 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 he accrued 26 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 Fiscal Year 2013 National Defense Authorization Act, Section 605. The following members of the Board considered AFBCMR Docket Number BC-2014-03335 in Executive Session on 29 September 2015, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-03335 was considered: Exhibit A. DD Form 149, dated 5 August 2015, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, NGB/A1PR, dated 31 July 2015. Exhibit D. Letter, SAF/MRBR, dated 17 August 2015.