RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01890

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

Compensation of Assignment Incentive Pay (AIP) for Post Deployment Mobilization Respite Absence (PDMRA) days during his 2019 deployment.

APPLICANT’S CONTENTIONS

He was eligible for PDMRA for his 2019 deployment; however, the wing Installation Personnel Readiness office did not request the PDMRA days prior to deployment.  NGB denied his PDMRA entitlements referencing internally generated guidance inconsistent with published sources.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a captain (O-3) in the Air National Guard.

The applicant’s Partial Mobilization (PM) orders show he was tasked for a period of active duty from 3 Apr 19 to 7 Jan 20, in accordance with 10 U.SC. § 12302.  According to his travel voucher, he arrived at his deployed location on 8 May 19, and departed on 24 Nov 19.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPLICABLE AUTHORITY

AFI 36-3003, Military Leave Program, paragraph 3.4.1, states members accrue 2.5 days leave for each month of active duty.

8.1. Overview.  In support of the Secretary of Defense’s utilization of the Total Force policy, the PDMRA is established for members who are required to mobilize or deploy with a frequency beyond established rotation goals.  The yearly rotation goal consists of a deployment-to-dwell ratio of 1:5 years for the Reserve component (RC).  That is, for every one (1) year a RC service member is deployed, he/she requires five (5) years at the home station.  This policy applies to all members with creditable deployments and mobilizations underway on, or commencing after, 19 Jan 07.  PDMRA is a type of Administrative Absence.
8.1.4. Program Administration. 
8.1.4.1.1. Commanders submit PDMRA requests through the servicing Force Support Squadron to the following offices for approval. 
8.1.4.1.1.3. Air National Guard: ANG/A1PR is the approval authority for all ANG PDMRA requests.  ANG/A1PR will approve and track all requests meeting the guidelines in this instruction. 
8.1.5.2. PDMRA Accrual Rates. PDMRA begins to accrue after 30 consecutive days boots on ground (BOG), and is provided for each month or fraction of a month beyond 30 consecutive days.  PDMRA days cannot be carried forward/rolled over to a new deployment/mobilization period. 
8.1.5.2.1. Two Administrative Days Per Month 
8.1.5.2.1.2. RC Airmen serving pursuant to sections 12301(a), 12301(d), 12302, or 12304 of Title 10 of the United States Code accrue two administrative absence days per month when the mobilization/deployment threshold in paragraph 8.1.5.1.2 of this AFI is exceeded and the Airman is entitled to CZTE for active service in a combat zone. Creditable time starts when the Airman is BOG at the CZTE location (the same day they become eligible for CZTE). 

AFI 36-2619, Military Personnel Appropriation Manday Program, paragraph 3.1, states the activation period will include down time (no more than 14 days) if authorized and accrued leave 2.5 days for every 30 days on active duty.  

Air Force Reserve Command (AFRC) Guidance Memorandum on Downtime Policy, dated 5 Dec 17, paragraph 11.13.5.2. states, “Downtime starts the day after the member returns to home station from the deployed location.  If the day after a member returns to home station falls on a weekend or holiday, that day counts as a part of downtime.”

Title 37 U.S.C. Section 307a, Special Pay: Assignment Incentive Pay.  
(a) Authority.  The Secretary concerned may pay incentive pay under this section to a member of a uniformed service who performs service, while entitled to basic pay, in an assignment designated by the Secretary concerned. Incentive pay payable under this section may be paid on a monthly basis, in a lump sum, or in installments.
 (1) The maximum monthly rate of incentive pay payable to a member on a monthly basis under this section is $3,000.
 (f) Status Not Affected by Temporary Duty or Leave.  The service of a member in an assignment referred to in subsection (a) shall not be considered discontinued during any period that the member is not performing service in the assignment by reason of-
(1) temporary duty performed by the member pursuant to orders; or
(2) absence of the member for authorized leave, other than leave authorized for a period ending upon the discharge of the member or the release of the member from active duty.

AIR FORCE EVALUATION

NGB/A1XR recommends granting the application.  The applicant was eligible for PDMRA prior to his 2019 deployment; however, the wing Installation Personnel Readiness office did not request the PDMRA days prior to the applicant deploying, as required by the Major Command (MAJCOM).  All MAJCOMS require the PDMRA days for Air National Guard (ANG) members to be added to the M4S tasking so they may allocate the days and dollars for that mobilization prior to starting the mobilization period due to the processing time to extend the member’s Partial Mobilization authority.  Based on the documentation provided by the applicant and analysis of the facts, there is evidence that the applicant would have been entitled to 10 PDMRA days.  Since the authorized days cannot be added after the fact the applicant is entitled to AIP in the amount of $200 per day for 10 days totaling $2,000, not exceeding the $3,000 monthly maximum payable, and all pay (to include Basic Allowance for Housing [BAH] I and Basic Allowance for Subsistence [BAS] type S), points, and benefits for the additional 10 days of Title 10 §12302 active service under contingency operations.  The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 8 Oct 20 for comment (Exhibit D), and the applicant replied on 26 Oct 20.  In his response, the applicant contended the PDMRA calculation by NGB is incorrect and he should be entitled to 14 days of PDMRA versus 10 days.  In support he provided his travel voucher which reflects he arrived at his deployed location on 8 May 19, and departed his deployed location on 24 Nov 19.  However, the NGB calculator shows BOG dates of 7 May 19 to 30 Sep 19.  The applicant’s complete response is at Exhibit E.

ADDITIONAL AIR FORCE EVALUATION

NGB/A1XR recommends granting the application.  The applicant provided a copy of his travel voucher, confirming his actual deployed dates.  The advisory was corrected to reflect 14 days of PDMRA, totaling $2,800.  The complete advisory is at Exhibit F.

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION

The Board sent a copy of the additional advisory opinion to the applicant on 3 Mar 21 for comment (Exhibit G), and the applicant replied on 3 Mar 21.  The applicant concurs with the recommendation.  The applicant’s complete response is at Exhibit H.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of NGB/A1XR and finds a preponderance of the evidence substantiates the applicant’s contentions.  Based on the documentation provided by the applicant and analysis of the facts, there is evidence that the applicant would have been entitled to 14 PDMRA days.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show he was not released from mobilization under Title 10, United States Code, Section 12302 on 26 Nov 19, but continued to serve on active duty, in an ordinary leave status, through 9 Dec 19.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2020-01890 in Executive Session on 9 Feb 21 and 1 Apr 21:

, Panel Chair 
, Panel Member
	, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 4 May 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1XR, w/atchs, dated 8 Oct 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 8 Oct 20.
Exhibit F:  Additional Advisory opinion, NGB/A1XR, w/atch, dated 22 Feb 21.
Exhibit G:  Notification of Advisory, SAF/MRBC to applicant, dated 3 Mar 21.
	Exhibit H:  Additional Applicant’s response, dated 3 Mar 21.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.