ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 14 July 2020 DOCKET NUMBER: AR20180014387 APPLICANT REQUESTS: approval to sell 20 days of Post-Deployment/Mobilization Respite Absence (PDMRA) and retroactive payment in the amount of $4,000.00. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Memorandum, Headquarters, 2d Battalion, 361st Regiment (Training Support), dated 20 March 2004, subject: Initial Mobilization Order * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 6 June 2006 * Order Number 013382, 63d Regional Readiness Command, dated 7 June 2006 * Order Number 000941, 63d Regional Readiness Command, dated 31 October 2006 * Order Number 006735, 63d Regional Readiness Command, dated 27 February 2007 * Orders B07-705215, U.S. Army Human Resources Command (HRC), dated 18 July 2007 * Order Number 026004, 88th Regional Readiness Command, dated 11 February 2008 * Orders 08-149-00016, Regional Support Group-West, dated 28 May 2008 * Orders A-02-906273, HRC, dated 26 February 2009 * Orders A-02-906273A01, HRC, dated 28 May 2009 * Orders A-02-906273R, HRC, dated 18 June 2009 * Orders 190-0001, Headquarters, Fort Bliss, dated 9 July 2009 * Memorandum, HRC, dated 7 July 2009, subject: Request Extension of Active Duty (Applicant) * DD Form 214 for the period ending 17 August 2009 * Orders 09-279-00004, Headquarters, 5th Armor Brigade, dated 6 October 2009 * Orders 09-334-00001, Headquarters, 5th Armor Brigade, dated 30 November 2009 * Orders 10-056-00016, 85th Support Command, dated 25 February 2010 * Orders 10-089-00047, 85th Support Command, dated 30 March 2010 * Orders 11-026-00022, Headquarters, 85th Support Command, dated 26 January 2011 * Orders 11-049-00022, 85th Support Command, dated 18 February 2011 * Orders 11-308-00018, Headquarters, 85th Support Command, dated 4 November 2011 * Orders A-02-203583, HRC, dated 28 February 2012 * Orders A-02-302574, HRC, dated 15 February 2013 * Orders 046-0018, Headquarters, U.S. Army Garrison, Fort Bliss, dated 15 February 2013 * DD Form 214 for the period ending 27 February 2013 REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. The following governing authorities apply to PDMRA: a. The Secretary of Defense Memorandum Directive, 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 policy- established rotation goals; b. The 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 Memorandum Directive, dated 19 January 2007; and c. All Army Activities Message 173/2007, dated 18 August 2007, subject: Army PDMRA, announced the Army's PDMRA implementation guidance. 3. The 2010 National Defense Authorization Act, section 604, provided special authority to monetarily compensate Soldiers who were released from active duty (REFRAD) and not able to use PDMRA during the period between PDMRA authorization by the Secretary of Defense on 19 January 2007 and publication of the Army's PDMRA implementation guidance on 18 August 2007. This authority expired on 28 October 2010. 4. The Department of the Army Personnel Policy Guidance discusses the PDMRA Program in paragraph 8-10i. It states 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 also available to Active Component 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. 5. The Department of the Army Personnel Policy Guidance also discusses Reserve Component creditable mobilizations/deployments. These include involuntary mobilization/deployment under Title 10, U.S. Code, sections 12301(a), 12302, or 12304; or voluntary mobilizations under section 12301(d) if the duty is performed in Iraq, Afghanistan, or Kuwait. To qualify for a section 12301(d) period of duty for PDMRA, the Soldier must provide a leave earnings statement showing hostile fire/imminent danger pay to verify period of boots-on-the-ground in Iraq, Afghanistan, or Kuwait. 6. The Department of the Army Personnel Policy Guidance PDMRA usage states Reserve Component Soldiers may use accrued PDMRA during any authorized rest and relaxation leave period or during current mobilization order/authorized extension of current mobilization orders. Soldiers unable to utilize accrued PDMRA days during their current mobilization orders may be voluntarily retained on active duty under the provisions of Title 10, U.S. Code, section 12301(d), contingency operation for active duty operational support orders, to utilize accrued PDMRA days. No tax benefits accrue or are attached to days of PDMRA regardless of where they were earned or awarded. PDMRA cannot be sold back at discharge, REFRAD, or retirement. There are no provisions allowing for carryover or monetary compensation for PDMRA days not used during the mobilization/deployment in which they were earned. FACTS: 1. The applicant did not file within the 3-year time frame as provided in Title 10, U.S. Code, section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he qualified for PDMRA under the first set of rules. The unit he was mobilized with (Active Component/Reserve Component Training Support Brigade) did not allow the members PDMRA time from their mission and later offered a buyout program to sell 20 days of PDMRA for $200.00 a day. He submitted all required paperwork to his S-1. After some time and many calls, he was told it could take 3 months, then 6 months, and eventually the S-1 he was working with left the unit. Personnel in his unit were paid in full and he did not receive anything. When his unit returned to South Dakota, he was still serving on active duty at Fort Bliss, TX. 3. The memorandum from Headquarters, 2d Battalion, 361st Regiment (Training Support), dated 20 March 2004, subject: Initial Mobilization Order, states the applicant was mobilized effective 29 March 2004 for 304 days with duty at his home station. He was assigned to the 2d Battalion, 361st Regiment, 2d Brigade, 91st Division, Sioux Falls, SD. 4. Headquarters, 91st Division (Training Support), Orders M-04-089-00003, dated 29 March 2004, ordered him to active duty for a period of 118 days in support of Operation Enduring Freedom (Other than Homeland) (2001-Present). He was directed to report to his home station, the 2d Battalion, 361st Regiment, 2d Brigade, 91st Division (Training Support), Sioux Falls, SD, on 29 March 2004 with subsequent duty at Fort Carson, CO, on 31 March 2004. 5. Headquarters, 91st Division (Training Support), Orders M-04-165-00083, dated 13 June 2004, amended orders M-04-089-00003, dated 29 March 2004, changing his period of active duty from 118 days to 298 days. 6. Headquarters, 91st Division (Training Support), Orders M-04-274-00376, dated 30 September 2004, deployed him with his current unit for duty at Fort Bliss, TX, for a period of 59 days in support of Operation Enduring Freedom, proceeding on 23 October 2004. 7. Headquarters, 91st Division (Training Support), Orders 05-018-00041, dated 18 January 2005, reassigned him to Detachment 2, 2d Brigade, 91st Division, effective 26 January 2005. 8. Headquarters, 91st Division (Training Support), Orders M-05-019-00012, dated 19 January 2005, ordered him to active duty for a period of 365 days in support of Operation Enduring Freedom (Continental U.S. Support Base). He was directed to report to Detachment 2, 2d Brigade, Headquarters, 91st Division, Fort Carson, CO, on 26 January 2005. 9. Headquarters, 91st Division (Training Support), Orders M-05-256-00004, dated 13 September 2005, assigned him to 2d Battalion, 361st Regiment, 2d Brigade, 91st Division, Sioux Falls, SD, and deployed him in support of Operation Enduring Freedom with duty at Fort Carson, CO, and further duty with 1st Battalion, 362d Air Defense Artillery, 2d Brigade, 91st Division at Fort Bliss, TX, for a period of 52 days, proceeding on 18 September 2005. 10. Headquarters, 91st Division (Training Support), Orders 02-273-06, dated 30 September 2005, attached him to 1st Battalion, 362d Regiment, 2d Brigade, 91st Division at Fort Bliss, TX, effective 1 October 2005 for the duration of his mobilization. 11. Headquarters, 91st Division (Training Support), Orders M-06-018-00111, dated 18 January 2006, amended orders M-05-019-00012, dated 19 January 2005, changing his period of active duty from 365 days to 422 days. 12. Headquarters, 91st Division (Training Support), Orders M-06-055-00027, dated 24 February 2006, amended orders M-04-089-00003, dated 13 June 2004, changing his period of active duty from 118 days to 303 days. 13. Headquarters, 91st Division (Training Support), Orders M-06-055-00028, dated 24 February 2006, revoked Orders M-05-034-00010, dated 3 February 2005. 14. Headquarters, U.S. Army Garrison, Fort Carson, CO, Orders 087-0001, dated 28 March 2006, REFRAD him effective 6 June 2006 and assigned to Detachment 2, 2d Brigade, 91st Division, Fort Carson, CO. 15. Headquarters, 91st Division (Training Support), Orders 06-100-00019, dated 10 April 2006, reassigned him to 2d Battalion, 361st Regiment, 2d Brigade, 91st Division, Sioux Falls, SD, effective 6 June 2006 for the convenience of the government. 16. He was honorably REFRAD on 6 June 2006. His DD Form 214 for this period shows in: * block 12f (Foreign Service) – 0 years, 0 months, and 0 days * block 18 (Remarks) – he was ordered to active duty in support of Operation Enduring Freedom 17. 63d Regional Readiness Command Order Number 013382, dated 7 June 2006, ordered him to active duty for annual training for 14 days in support of Operation Joint Thunder in Deadwood, SD, with a reporting date of 10 June 2006. 18. 63d Regional Readiness Command Order Number 000941, dated 31 October 2006, ordered him to active duty for annual training for 2 days in Sioux Falls, SD, with a reporting date of 16 November 2006. 19. 63d Regional Readiness Command Order Number 006735, dated 27 February 2007, ordered him to active duty for annual training for 14 days in support of Operation Joint Thunder in Deadwood, SD, with a reporting date of 9 June 2007. 20. 88th Regional Readiness Command Order Number 026004, dated 11 February 2008, ordered him to active duty for annual training for 1 day in Sioux Falls, SD, with a reporting date of 29 February 2008. 21. Regional Support Group-West Orders 08-149-00016, dated 28 May 2008, ordered him to active duty for a period of 365 days in support of Operation Enduring Freedom (Other than Homeland) (2001-Present). He was ordered to report to the 21st Detachment, 2d Battalion, 361st Regiment, Sioux Falls, SD, on 20 June 2008 with subsequent duty at Fort Bliss, TX, on 23 June 2008. 22. HRC Orders A-02-906273, dated 26 February 2009, ordered him to active duty for a period of 365 days for contingency operations – active duty operational support in support of Operation Enduring Freedom. He was ordered to report to the 2d Battalion, 361st Regiment, Sioux Falls, SD, on 20 June 2009. 23. HRC Orders A-02-906273R, dated 18 June 2009, revoked Orders A-02-906273, dated 26 February 2009. 24. The memorandum from HRC, dated 7 July 2009, subject: Request Extension of Active Duty, approved the applicant's extension on active duty for the purpose of expending accrued leave, PDMRA, and out-processing with a REFRAD date not later than 17 August 2009. 25. Headquarters, Fort Bliss, Orders 190-0001, dated 9 July 2009, honorably REFRAD him effective 17 August 2009. His DD Form 214 for this period shows in: * block 12f (Foreign Service) – 0 years, 0 months, and 0 days * block 18 (Remarks) – he was ordered to active duty in support of Operation Enduring Freedom 26. Headquarters, 5th Armor Brigade, Orders 09-279-00004, dated 6 October 2009, reassigned him to the 2d Battalion, 361st Regiment, Sioux Falls, SD, effective 6 October 2009. 27. Headquarters, 5th Armor Brigade, Orders 09-334-00001, dated 30 November 2009, reassigned him to the 3d Battalion, 361st Regiment, Denver, CO, effective 30 November 2009. 28. 85th Support Command Orders 10-056-00016, dated 25 February 2010, ordered him to active duty for a period of 400 days in support of Operation Enduring Freedom (Other than Homeland) (2001-Present). He was ordered to report to the 3d Battalion, 361st Regiment, Denver, CO, on 1 April 2010 with subsequent duty at Fort Bliss, TX, on 4 April 2010. 29. 85th Support Command Orders 10-089-00047, dated 30 March 2010, ordered him to active duty for a period of 400 days in support of Operation Enduring Freedom (Other than Homeland) (2001-Present). He was ordered to report to the 3d Battalion, 361st Regiment, Denver, CO, on 1 April 2010 with subsequent duty at Fort Bliss, TX, on 4 April 2010. 30. 85th Support Command Orders 11-026-00022, dated 26 January 2011, reassigned him to the 2d Battalion, 361st Regiment, Sioux Falls, SD, effective 26 January 2011. 31. 85th Support Command Orders 11-049-00022, dated 18 February 2011, ordered him to active duty for a period of 299 days in support of Operation Enduring Freedom (Continental U.S. Based Support). He was ordered to report to 2d Battalion, 361st Regiment, Sioux Falls, SD, on 6 May 2011 with subsequent duty at Fort Bliss, TX, on 9 May 2011. 32. 85th Support Command Orders 11-308-00018, dated 4 November 2011, reassigned him to Headquarters, 5th Armor Brigade, Fort Bliss, TX, effective 4 November 2011. 33. HRC Orders A-02-203583, dated 28 February 2012, ordered him to active duty for a period of 365 days for contingency operations – operational support in support of Operation Enduring Freedom. He was ordered to report to Headquarters, 5th Armor Brigade, Fort Bliss, TX, on 29 February 2012. 34. His DD Form 214 for this period shows he was honorably REFRAD on 27 February 2013 and shows in: * block 12f (Foreign Service) – 0 years, 0 months, and 0 days * block 18 (Remarks) – he was ordered to active duty in support of Operation Enduring Freedom 35. HRC Orders A-02-302574, dated 15 February 2013, ordered him to active duty for a period of 365 days for contingency operations – operational support in support of Operation Enduring Freedom. He was ordered to report to U.S. Army Garrison, Fort Bliss, TX, on 30 May 2013. 36. Headquarters, U.S. Army Garrison, Fort Carson, Orders 046-0018, dated 15 February 2013, REFRAD him effective 27 February 2012, and assigned to 3d Battalion, 360th Regiment, Salt Lake City, UT. 37. His DD Form 214 for this period shows he was honorably REFRAD on 7 April 2017 and shows in: * block 12f (Foreign Service) – 0 years, 0 months, and 0 days * block 18 (Remarks) – he was ordered to active duty in support of Operation Enduring Freedom 38. 63d Regional Readiness Command Orders 17-186-00008, dated 5 July 2017, assigned him to the Retired Reserve effective 6 July 2017 by reason of completion of 20 or more years of qualifying service for retired pay at age 60. 39. HRC Orders C08-796826, dated 10 August 2017, retired him and placed him on the Army of the United States Retired List effective 7 July 2017. 40. His record is void of any documentary evidence showing he deployed to a qualifying location, requested PDMRA, and was denied PDMRA. 41. On 26 May 2020, an advisory opinion was obtained from the Deputy Chief, Compensation and Entitlements Division, Department of the Army Office of the Deputy Chief of Staff, G-1, wherein he stated: a. The Compensation and Entitlements Division recommended disapproval of the applicant's request. Although the applicant was mobilized, he was never deployed outside the United States. He was never authorized PDMRA nor the payments. There is no evidence that he submitted a PDMRA packet. b. PDMRA was directed by the Secretary of Defense to recognize members who are required to mobilize or deploy beyond established service's rotation policy. The applicant was not entitled to PDMRA because he did not serve creditable time in a qualifying location. Pertaining to the applicant's reference of a $200.00 payment per day due to "Government Error," defined as an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional miscalculation, or inaccuracy, which is committed by a department or agency, organization, or employee of the Government. The applicant does not qualify for the "Government Error" payments because no errors were made; the commander was correct to not allow the applicant any PDMRA time off because he was not entitled to it. 42. On 8 June 2020, the advisory opinion was forwarded to the applicant for acknowledgement and/or response. He did not respond. BOARD DISCUSSION: After careful consideration of the complete evidentiary record, including the applicant’s statement, the board denied the request. The applicant’s contentions that he qualified for PDMRA are not supported by the evidentiary record. The applicant provided insufficient evidence that he ever deployed outside the United States. The Board found no Leave and Earning Statements that might have proven deployment (Hostile Fire Pay or Imminent Danger Pay). The applicant also contends that he submitted all required paperwork to his S-1, but there is insufficient evidence of this and therefore the Board found insufficient evidence the applicant met the required timelines for submission had he been eligible. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : X :X :X DENY APPLICATION 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. 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. ADMINISTRATIVE NOTE(S): not applicable. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180014387 9 1