RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00534

XXXXXXXXXXXXXX	COUNSEL: NONE	

  	HEARING REQUESTED: YES

APPLICANT’S REQUEST

He be paid Assignment Incentive Pay (AIP) for his Post Deployment Mobilization Respite Absence (PDMRA) entitlement.

APPLICANT’S CONTENTIONS

He is entitled to AIP in accordance with Public Law 112-239, which allows for the payment of $200 per day to individuals who were eligible to participate in the PDMRA program but did not participate due to Government error.  

NGB/A1XR denied his PDMRA referencing internal program guidance requiring the PDMRA to be requested prior to mobilization.  This is inconsistent with Public Law 112-239, AFI 36-3003, Military Leave Programs, AFGM 2018-01 and the DOD 7000.14R Federal Management Regulation, (DOD FMR).  

STATEMENT OF FACTS

The applicant is a senior master sergeant (E-8) in the Air National Guard.

The applicant provides the following mobilization and travel orders and travel vouchers:

1.	Special Order Z62FEA dated 7 Aug 14, shows he on was active duty orders in accordance with 10 U.S.C. § 12302 from 1 Oct 14 to 1 Jul 15. DD Form 1610, Request and Authorization for TDY Travel DOD Personnel, Special Order 1MKYDF, dated 16 Oct 14 shows he deployed to Al Dhafra AB, United Arab Emirates on 10 Nov 14 for approximately 194 days.  
	
2.	Special Order Z992JD dated 27 Dec 18, shows he was on active duty orders in accordance with 10 U.S.C. § 12301 from 15 Apr 18 to 11 Jan 19. DD Form 1610. Special Order 24HM4Z dated 21 Mar 18, shows he deployed to Al Dhafra AB on 22 Apr 18 for approximately 215 days.  

3.	Special Order ZA14SG dated 11 Nov 18, shows he was on active duty orders in accordance with 10 U.S.C. § 12302 from 3 Apr 19 to 7 Jan 20.  DD Form 1610, Special Order ZAV17U dated 23 Apr 19, shows he deployed to Al Dhafra AB on 8 May 19 for approximately 199 days.  

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

APPLICABLE AUTHORITY/GUIDANCE

Per 37 U.S.C. § 307a. Special Pay: AIP.  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 may be paid on a monthly basis, lump sum or in installments.  

Per AFI 36-3003. Military Leave Programs, paragraph 7.1. The PDMRA is established for members who are required to mobilize or deploy with a frequency beyond established rotation goals. The year rotation goal consists of a deployment to dwell ratio of 1:2 years for active component personnel and 1:5 years for the Reserve Component.  PDMRA is a type of administrative absence.  Paragraph 7.4., PDMRA Accrual Rates. PDMRA begins to accrue when a member has boots on ground for 30 consecutive days 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.  Paragraph 7.4.1.2 Reserve Component airmen serving pursuant to 10 U.S.C. § 12301(a), 12301(d) or 12304 accrue two administrative absence days per month when the mobilization/deployment threshold in paragraph 7.3 of this AFI is exceeded and the Airman is entitled to CZTE [Combat Zone Tax Exclusion] for active service in a combat zone.  

AIR FORCE EVALUATION

NGB/A1XR recommends granting the applicant’s request for payment of 10 PDMRA days, per the attached PDMRA calculator.  Since the authorized days cannot be added after the fact, the applicant is entitled to AIP for $200 per day for 10 days, totaling $2,000.  

The applicant was eligible for PDMRA prior to his 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 ANG members be added to the M4S tasking so they may allocate the days and dollars for the mobilization prior to the start of the mobilization period due to the processing time to extend the partial mobilization authority.

The complete advisory opinion, with attachments, is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 7 Oct 21 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 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.  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 accrued 10 days of PDMRA when he was released from active duty on 7 Jan 20.  He be paid $200 AIP for each day of his PDMRA credit, total $2,000, in accordance with the provisions 37 U.S.C § 307a and AFI 36-3003.  

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-2021-00534 in Executive Session on 10 Nov 21:

 , Chair, AFBCMR
 , 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 24 Feb 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1XR, w/atchs, dated 9 Sep 21.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 7 Oct 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.