IN THE CASE OF: BOARD DATE: 8 September 2010 DOCKET NUMBER: AR20100008770 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his military records to show authorization of denied Post Deployment/Mobilization Respite Absence (PDMRA); correction of his 13 December 2008 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show additional active duty days as a result of additional PDMRA authorization; payment of pay and allowances and retirement credit due as a result of the active duty adjustment. 2. The applicant states he was released from active duty and as a result of an erroneous calculation was not given the opportunity to use all the PDMRA he earned and was entitled to. 3. The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty), an Army National Guard PDMRA Calculator Worksheet and Inspector General (IG) decision in support of this application. CONSIDERATION OF EVIDENCE: 1. The applicant was released from active duty on 13 December 2008 and is currently serving in the California Army National Guard (CAARNG). 2. The applicant's DD Form 214 for the period ending 13 December 2008 shows he served on active duty from 16 April 2008 through 13 December 2008 with service in Iraq from 29 April 2008 through 7 November 2008. It also shows he used 5 days of PDMRA leave from 19 through 23 November 2008. 3. The National Guard Bureau (NGB), Chief, Personnel Policy & Readiness Division states the NGB recommends approval of the applicant’s request to be compensated in the form of pay and allowances less applicable tax for the additional 12 days of PDMRA. He states according to NGB calculations the applicant was entitled to receive 17 days of PDMRA; 5 days were used prior to his release from active duty; the other 12 were improperly denied. The opinion does not authorize an extension of his active duty service or payment and retirement credit for additional active duty service. 4. PDMRA is designed to give extra time off to Reservists and members of the National Guard to compensate them for too little dwell time at home between deployments. PDMRA days are available to Active Component (AC) Soldiers who have deployed to Afghanistan, Iraq, or with certain theater units and other areas as determined by the Secretary of the Army or his designated representative. PDMRA days are also available to Reserve Component (RC) Soldiers but they must have been mobilized under Title 10 of the United States Code (10 USC), Sections 12301a, 12302, or 12304. Any voluntary mobilizations under Title 10 of the United States Code, Section 12301d, CO-ADOS or Retiree Recalls, do not qualify for PDMRA unless mobilization was in conjunction with deployment to Iraq or Afghanistan. However, a RC Soldier involuntarily called to active duty under the above sections of 10 USC need not be deployed to a combat zone to accrue PDMRA days. Soldiers who have been mobilized or deployed more than the Army plan called for will accrue PDMRA days after the 13th month on active duty orders. PDMRA is initially earned at a rate of 1 day per month and the number of days increases as the Soldier remains in an active duty status. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention he is entitled to 12 additional days of PDMRA and that his DD Form 214 should be corrected to extend his active duty service based on the additional PDMRA and he should receive pay and allowances and retirement service credit accordingly has been carefully considered and found to have partial merit. 2. The available evidence shows the applicant served a qualifying period of active duty service under 10 USC for award of PDMRA. Furthermore, the NGB has reviewed the applicant's service record and determined he earned a total of 17 days of PDMRA. It further shows he used 5 of these 17 days and that the additional 12 days were unjustly denied. As a result, it is concluded he was improperly denied the opportunity to use these additional 12 days through no fault of his own. 3. In view of the above, the applicant's records should be corrected to show he is entitled to receive a total of 12 days of PDMRA with all appropriate allowances to be used within a 12-month period commencing on the date of this Board's notice. 4. There are no provisions of law or regulation that allow for extension of active duty or granting of retirement service credit based on being denied PDMRA leave. Therefore, there is an insufficient evidentiary basis to grant this portion of the requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __X_____ ___X___ ___X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he is authorized to use 12 additional days of PDMRA and receive all benefits entitled to as a result of the authorization within the 12-month period commencing from the date this Board recommendation is approved. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 by extending his active duty period and providing his active duty pay and allowances and retirement service credit due as a result. _______ _X _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20100008770 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100008770 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1