RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00237

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

He be paid Assignment Incentive Pay in lieu of Post Deployment Mobilization Respite Absence (PDMRA).

APPLICANT’S CONTENTIONS

He was eligible for PDMRA prior to his 2019 deployment; however, the wing Installation Personnel Readiness office did not request the PDMRA days prior to his deployment.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air National Guard master sergeant (E-7).

On 13 Nov 18, Order Number ZA1JGJ, issued by the Air National Guard, ordered the applicant to active duty in accordance with 10 U.S.C. § 12302, for the period from 3 April 2019 to 7 January 2020, in support of Operation SPARTAN SHIELD.  

On 7 January 2020, the applicant was issued a DD Form 214, Certificate of Release or Discharge from Active Duty, which reflects he was on active duty from 3 April 2019 to 7 January 2020, in support of Operation SPARTAN SHIELD. 

According to the PDMRA calculator, provided by NGB/A1XR, the applicant’s boots-on-ground dates were from 7 May 2019 to 22 November 2019, for a total of 200 days.

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

APPLICABLE AUTHORITY

The Fiscal Year 2013 National Defense Authorization Act, 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.  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 per day of PDMRA credit that the Board determines an applicant would have received were it not for the government error.
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.  

AFI 36-3003, Military Leave Program.  PDMRA is established for members who are required to mobilize or deploy with a frequency beyond established rotation goals.  Commanders of Air National Guard personnel submit PDMRA requests through ANG/A1PR, which is the approval authority for all ANG PDMRA requests and will approve and track all requests meeting the guidelines in this instruction. 

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’s deployment. Due to processing times, the Major Command requires PDMRA days for Air National Guard 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.  Based on the documentation provided by the applicant and analysis of the facts, the applicant would have been entitled to 14 days of PDMRA.  Since the authorized days cannot be added after the fact, the applicant is entitled to Assignment Incentive Pay in the amount of $200 per day for 14 days, totaling $2,800.  

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 19 March 2021, for comment (Exhibit D), but has received no response.

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.  Therefore, 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, the applicant would have been entitled to 14 days of PDMRA were it not for government error.  Accordingly, 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 APPLICANT be corrected to show he accrued fourteen (14) days of PDMRA when he was released from active duty on 7 January 2020, and should be paid $200 for each day of PDMRA credit totaling $2,800, in accordance with Section 605 of the FY 2013 NDAA.

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-2021-00237 in Executive Session on 22 April 2021:

, 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 23 February 2021.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1XR, w/atchs, dated 8 March 2021.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 19 March 2021.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings regarding AFBCMR Docket Number BC-2021-00237, as required by AFI 36-2603, paragraph 4.11.9.