IN THE CASE OF: BOARD DATE: 21 June 2016 DOCKET NUMBER: AR20150007925 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X____ ____X____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 21 June 2016 DOCKET NUMBER: AR20150007925 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________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. IN THE CASE OF: BOARD DATE: 21 June 2016 DOCKET NUMBER: AR20150007925 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 records to convert 36 days of annual (ordinary) leave taken to Post Deployment Mobilization Respite Absence (PDMRA) leave, thus crediting his account with 36 days of annual (ordinary) leave, enabling the Defense Finance and Accounting Service to pay him for his unused leave. 2. The applicant states: a. He retired from active duty on 1 February 2015 after being assigned to the Warrior Transition Unit (WTU) for just over 1 year for injuries sustained while serving in Afghanistan. During this period of medical treatment and recovery, he was able to use 41 days of annual (ordinary) leave. He had earned a total of 76 days of PDMRA leave. b. He was told at his retirement that he could neither use nor cash in the 36 days of PDMRA leave that remained unused, as officials at the WTU incorrectly advised that he could not be extended on active duty in order to take the remaining PDMRA leave. He later learned there is an explicit provision that allows a Soldier who earned PDMRA leave in combat, but was unable to take it due to illness or injury, to be extended on active duty for the purpose of taking leave. c. In lieu of taking 36 days of PDMRA leave, he took 36 days of annual (ordinary) leave. He would like his records corrected to show the 36 days of annual (ordinary) leave taken were actually 36 days of PDMRA leave, leaving him a remainder of 36 days of unused annual (ordinary) leave. He can then be paid for the 36 days of unused annual (ordinary) leave by the Defense Finance and Accounting Service. 3. The applicant provides: * 20 copies of active duty orders * Army National Guard (ARNG) PDMRA Calculator, dated 22 April 2013 * page 147 of Department of the Army Personnel Policy Guidance (PPG), dated 1 July 2009 CONSIDERATION OF EVIDENCE: 1. The applicant was appointed as a first lieutenant in the ARNG on 19 December 2000 after prior service in the Regular Army and the U.S. Army Reserve. 2. His records show he was ordered to active duty in support of contingency operations with a reporting date of 4 December 2010. He deployed to Afghanistan from 13 December 2010 through 21 April 2013. 3. He provided an ARNG PDMRA Calculator printout which indicates he had accrued 108 total days of PDMRA leave for the most recent mobilization as of 22 April 2013. The number 108 is lined through and the number 76 with the initials JB is handwritten above it. 4. U.S. Army Human Resources Command Orders A-04-306253, dated 26 April 2013, show he was retained on active duty to participate in the Reserve Component Warriors in Transition Medical Retention Processing Program for completion of a medical evaluation. He was ordered to report to the Fort Bliss Texas Warrior Transition Battalion on 26 April 2013 for completion of medical care and treatment. 5. The applicant claims he took leave during his assignment to the WTU as follows: * 23 days of PDMRA leave from 1 August 2013 through 23 August 2013 * 12 days of ordinary leave from 20 November 2013 through 1 December 2013 * 25 days of ordinary leave from 7 August 2014 through 31 August 2014 * 4 days of ordinary leave from 20 October 2014 through 23 October 2014 * 17 days of PDMRA leave from 5 December 2014 through 21 December 2014 6. He did not provide any documentation corroborating the above leave types or dates. 7. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 25 January 2015 by reason of completion of required active service. 8. U.S. Army Human Resources Command Orders C02-591423, dated 10 February 2015, retired him and placed him on the Army of the United States Retired List on 1 February 2015. 9. An advisory opinion was rendered by the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff, G-1, dated 10 March 2016. Based on a review of the facts surrounding the situation, G-1 recommends disapproval of the applicant's request to convert ordinary leave to PDMRA leave. Although the applicant claims he was unable to take the rest of his PDMRA leave days and he was erroneously advised regarding PDMRA policies, there is no concrete evidence to back up his claims. His request contains no documented evidence, such as a denied leave form, showing he was unable to take 36 days of PDMRA leave before retirement and that he attempted to do so. 10. The advisory opinion was provided to the applicant to allow him an opportunity to submit written comments in response. He provided a rebuttal letter on 7 April 2016. a. He stated he was taken aback by the advisory opinion because he worked closely with Mr. V____ B____ from the Office of the Deputy Chief of Staff, G-1, for roughly 3 months on resolution to his issue. Mr. B____ was intimately aware of all the facts and circumstances in his case and personally spoke to a number of individuals involved in his PDMRA leave request who could verify his attempts to take the leave in question. b. He took over 50 days of PDMRA leave, but significant spinal injuries prevented him from taking much more. As he prepared to transition from active duty into retirement, he submitted a leave request form, which is a document unique to the WTU that requires approval of all attending physicians, therapists, primary doctors, social workers, and squad leaders. This document must be provided to the Soldier's squad leader prior to submission of a DA Form 31 (Request and Authority for Leave). c. His squad leader, Sergeant I____ S____, approved the document and forwarded it to the WTU personnel office where Major C____ H____ disapproved the requested leave under the erroneous belief that his expiration term of service date could not be extended to accommodate the period of the leave. The request was not returned to him; therefore, he did not submit a formal leave request. d. During his inquiries, Mr. V____ B____ of the Office of the Deputy Chief of Staff, G-1, verified his attempts with his squad leader, Sergeant S____, and the deputy adjutant of the WTU, Chief Warrant Officer Two L____ I____. Mr. B____ was also provided the name and telephone number of the finance representative, Ms. R____ T____, who processed his leave form and all of his PDMRA actions. Mr. B____ was in contact with the WTU staff and was aware that he had in fact attempted to take his leave but was denied. Mr. B____ advised him that he had spoken with Mr. G____ and Chief Warrant Officer Two I____ and knew of his PDMRA leave days taken and those remaining. e. There are plenty of people at the WTU who were aware of his request for leave and this information has been clearly provided. He is uncertain whether all the individuals he named are still at the WTU, but his primary nurse case manager, Ms. W____, monitored his health and progress on a daily basis and knew very well of his attempt to take leave f. After 25 years of active service, five combat deployments, and a host of combat-related injuries that put him in the WTU, he would have never expected to have such a small compensation for what he's been through turn into such a difficult struggle. He is not asking for any special treatment. He only wants to receive what he earned. REFERENCES: 1. Secretary of Defense memorandum, dated 19 January 2007, subject: Utilization of the Total Force, directed establishment of a program to recognize members who are required to mobilize or deploy with a frequency beyond established policy rotation goals. 2. Under Secretary of Defense memorandum, dated 18 April 2007, subject: Programs to Support Utilization of the Total Force, established the PDMRA Program in response to the Secretary of Defense directive in his 19 January 2007 memorandum. 3. Department of the Army PPG, chapter 8 (Compensation and Entitlements), provides personnel policy guidance pertaining to entitlements, allowances, and authorizations for military and civilian personnel who are mobilized and/or deployed in support of contingency operations. Paragraph 8-10i (PDMRA) contains PDMRA Program guidance. a. 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 leave days are also available to Active Component Soldiers who deployed to Afghanistan, Iraq, or with certain theater units and other areas as determined by the Secretary of the Army or his designated representative. b. The PPG contains guidance on Reserve Component creditable mobilizations/deployments. These include involuntary mobilization/deployment under Title 10, U.S. Code, sections 12301(a), 12302, or 12304; or voluntary qualifying mobilizations under 12301(d). To qualify a period of duty for PDMRA under section 12301(d), the Soldier must provide a leave and earnings statement showing hostile fire/imminent danger pay to verify the period of boots-on-the-ground in Iraq, Afghanistan, or Kuwait. c. PPG guidance for PDMRA leave use states Reserve Component Soldiers may use accrued PDMRA leave during any authorized Rest and Recuperation leave period, or during current mobilization order/authorized extension of current mobilization order. Soldiers unable to use accrued PDMRA leave days during their current mobilization may be voluntarily retained on active duty under the provisions of Title 10, U.S. Code, section 12301(d), contingency operations-active duty for operational support orders, to use accrued PDMRA leave days. No tax benefits accrue or are attached to days of PDMRA, regardless of where they were earned or awarded. PDMRA leave cannot be sold at discharge, release from active duty, or retirement. There are no provisions allowing for carryover or monetary compensation for PDMRA leave days not used during the mobilization/deployment in which they were earned. 4. The Assistant Secretary of the Army for Manpower and Reserve Affairs issued a memorandum, dated 23 July 2012, subject: Update Army Policy Guidance PDMRA for Members and Former Reserve and National Guard Personnel Mobilized and Deployed Outside the Continental United States Before 1 October 2011. This memorandum, effective immediately, implemented Army policy guidance set forth in Public Law 112-120, dated 25 May 2012, and Under Secretary of Defense for Personnel and Readiness memorandum, dated 11 July 2012. The change in legislation authorized a member or former qualifying Reserve Component member the following benefits: a. A member serving on active duty as of 1 October 2011 may elect to receive either PDMRA leave days or payment of $200.00 for each PDMRA leave day. b. For members no longer in a mobilized status (which would allow the use of PDMRA leave days) and who elect PDMRA leave days in lieu of payment, the PDMRA days will be banked. The banked PDMRA leave days cannot be used until the next qualifying period of service. Banked PDMRA leave days would be lost if members separated from the military prior to being able to use the banked days. c. Former Reserve Component Soldiers (those who retired or separated under honorable conditions) may only elect to receive $200.00 for each PDMRA leave day. 5. Public Law 112-239, section 605, as approved in the Fiscal Year 2013 National Defense Authorization Act, provides in subsection (a) that an individual who did not participate in 1 or more days in the PDMRA Program for which the individual was so eligible due to Government error would receive payment of $200.00 for each day of nonparticipation. Subsection (c) (Payment in Lieu of Administrative Absence) states payment under subsection (a) with respect to a day described in that subsection shall be in lieu of any entitlement of the individual concerned to a day of administrative absence for such day. 6. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant's request to correct his records to show the 36 days of ordinary leave used were PDMRA leave instead and crediting his account with 36 days of ordinary leave was carefully considered. 2. It is unclear from the documentation provided how many actual days of PDMRA leave the applicant used and how many he lost. The ARNG PDMRA Calculator shows he accrued 108 days of PDMRA leave through April 2013, but the number 108 was lined through with a handwritten note of 76 written above it. It is not known who made that annotation and on what date it was made, but it is presumed to mean he actually had only 76 days of PDMRA leave remaining at that time. 3. He did not provide any approved DA Forms 31 to show the type of leave he requested and the type of leave he actually took. He claims he took a total of 40 days PDMRA leave and 41 days of ordinary leave between 1 August 2013 and 21 December 2014, leaving him a remaining balance of 36 PDMRA leave days. 4. He claims 36 days of requested PDMRA leave were erroneously denied by the WTU personnel office as they were unaware he could be extended on active duty to participate in the PDMRA Program. He has not provided any documentation corroborating a request for PDMRA leave was submitted and denied. 5. While the PPG allows for Soldiers unable to use accrued PDMRA leave days during their current mobilization to be voluntarily retained on active duty to use accrued PDMRA days, he had already been extended on active duty for medical care from 26 April 2013 through 25 January 2015, a total of 18 months in which he could have used the PDMRA leave. It is unclear from the information provided why he used a total of 41 days of ordinary leave (by his own reckoning) in the period he was extended on active duty, 29 of which were used within 6 months of his release from active duty, instead of using PDMRA leave at those same times. To have done so would have used his PDMRA leave and left him with a remainder of ordinary leave for which he could be paid, as is his apparent desire. 6. Although he provided the names and contact telephone numbers of several individuals he insists know the details of his situation and can corroborate his thwarted attempts to take PDMRA leave prior to his release from active duty, the ABCMR is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. He has not provided any evidence showing he requested PDMRA leave and it was denied due to Government error. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150007925 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150007925 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2