IN THE CASE OF: BOARD DATE: 12 July 2023 DOCKET NUMBER: AR20220009882 APPLICANT REQUESTS: * 13 days of Post Deployment Mobilization Respite Absence (PDMRA) * 1 day of leave reinstated; incorrectly charged for a travel day in conjunction with orders ending in November 2018 * 62.5 days of leave credited and protected under the Special Leave Accrual (SLA) * 4 days of leave reinstated; incorrectly charged for travel days executed in conjunction with Permanent Change of Station (PCS) occurring in 2013 APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored letter * Memorandum – Subject: Designation of Duty in Support of Operational Deployments and in-Patient Hospitalized Soldiers as Qualifying Duty for Special Leave Accrual, 26 January 2015 * National Defense Authorization Act for Fiscal Year 2013 * Army Mobilization and Deployment Reference 2017 * USARCENT AO Deployment Entitlements and Compensation * Email communication * Leave accrual spreadsheet * Leave and Earnings Statements (LES) * Leave Master Record, 30 September 2021 * DA Form 4187 (Personnel Action),16 November 2018 * S1 Combat Readiness Center (CRC) Leave Calculation Worksheet, 15 November 2018 * Orders Number 320-0508, 16 November 2018 * DA Form 31 (Request and Authority for Leave), 13 November 2018 * Travel Itinerary, 16 November 2018 * Email communication * Memorandum – Subject: Validation of Duty Performed, 18 October 2019 * Email communication * Defense Joint Military Pay System - Reserve Component (DJMS RC) Leave Master * Memorandum – Subject: Army Implementation Guidance for Designation of Duty in Support of Operational Deployments and In-Patient Hospitalized Soldiers as Qualifying for Special Leave Accrual (SLA), 7 March 2016 * Patient Movement Request * Email communication FACTS: 1. The applicant states in pertinent part that after completing a mobilization at MacDill Air Force Base, FL, in October 2014, he was deployed to Afghanistan for 1 year. He contests that after suffering a Traumatic Brain Injury he was redeployed in October 2015. At that time, the policy pertaining to SLA ended in September 2015 while he was serving in Afghanistan. Since he was not directly supported by a Reserve Component unit, he submitted his required documentation, to include his request to have his accrued leave carried over under SLA, directly to the U.S. Army Human Resources Command (AHRC) finance office. He argues that between 2015-2022 he was in communication with AHRC finance regarding a total of 62.5 days of accrued leave incorrectly deducted from his leave balance due to the lack of appropriate action being taken by AHRC. a. He provides that he proceeded from Afghanistan to Germany, with duty in Romania for approximately 2 years. Following his service in Romania, he proceeded to Jordan in November 2017, without a break in service. He notes at that time, Jordan was considered a leave restricted area and therefore qualified for non-chargeable "Rest and Recuperation (R&R)" leave. He argues that based on this guidance, his accrued leave should have been protected. Following his completion of duty in Jordan, he was advised that he would be extended at the CRC, Fort Bliss, TX, and permitted to take his accrued leave days. On 5 November 2018, he arrived at the CRC and was advised that his mobilization orders would not be extended therefore he would lose 13 days of PDMRA leave and would not be provided with a travel day at the conclusion of his orders. b. Following this period of duty, he had an 8-week break in service before returning to active duty in Germany. He notes that he was constantly reassured that all things were in order regarding his leave accrual; no further action was required on his behalf. To the contrary, he continued to lose accrued leave days since they were not reflected on his LES as a "leave balance" thereby precluding him from taking those days. He contests that this continued for approximately a year until the COVID 19 SLA provisions were put in place. By this time, he notes that he had already lost approximately 62.5 days of leave. c. Lastly, he argues that he is entitled to 4 additional leave days to be reinstated from January 2013. He was not aware of this loss in days until January 2022. Previously, he was on a mobilization order that ended on 1 January 2013. He was subsequently placed on active-duty orders again with a report date of 2 January 2013 (MacDill Air Force Base). He notes that because his home of record was in NY, he was entitled to 4 days of travel. 2. A review of the applicant's available service records reflects the following: a. On 5 May 1993, the applicant enlisted in the U.S. Army Reserve. b. On 3 February 2009, AHRC issued Orders Number A-02-903814 ordering the applicant to Contingency Operation for Active Duty for Operational Support (CO-ADOS), effective 21 February 2009, for a period of 351 days (including accumulated leave); end date 6 February 2010. c. On 4 February 2010, the U.S. Army Installation Management Command issued Orders Number 035-0287 releasing the applicant from active duty, effective 6 February 2010. d. On 11 February 2011, Headquarters, 81st Regional Support Command issued Orders Number 11-042-00001 transferring the applicant to the U.S. Army Reserve Control Group (Reinforcement), effective 16 February 2011. e. On 8 October 2011, the applicant was ordered to active duty in support of Operation Enduring Freedom with duty in Afghanistan from 15 October 2011 - 3 September 2012. f. On 13 September 2012, AHRC issued Orders Number A-09-216406 retaining the applicant on active duty for 60 days, effective 13 September 2012 with an end date of 11 November 2012 for completion of medical evaluation. g. On 28 November 2012, AHRC issued Orders Number A-11-221055 ordering the applicant to CO-ADOS for 272 days (including accumulated leave), effective 2 January 2013 with an end date of 30 September 2013. h. On 1 January 2013, the applicant was released from active duty. DD Form 214 (Certificate of Release or Discharge from Active Duty), item 18 (Remarks) reflects PDMRA leave from 9 December 2012 – 28 December 2012. i. On 2 January 2013, the applicant was ordered to active duty in support of Operation Enduring Freedom with duty in Afghanistan from 12 October 2014 - 18 October 2015. j. On 8 October 2015, AHRC issued Orders Number HR-5281-00063 ordering the applicant to active duty for 320 days (including accumulated leave), effective 16 November 2015 with an end date of 30 September 2016. k. On 15 November 2015, the applicant was released from active duty. DD Form 214, item 18 (Remarks) reflects PDMRA leave from 21 October 2015 – 15 November 2015. l. On 16 November 2015, the applicant was ordered to active duty. The applicant served in Romania from 16 November 2015 – 12 October 2017 and Jordan from 23 November 2017 – 5 November 2018. m. On 15 September 2016, AHRC issued Orders Number HR-6259-00032 ordering the applicant to active duty for 365 days (including accumulated leave), effective 1 October 2016. Soldiers were required to out process and take authorized leave prior to end of mobilization orders. n. On 31 August 2017, AHRC issued Orders Number HR-7243-00009 relieving the applicant from his Reserve Component status and ordering him to active-duty, effective 13 October 2017, for a period of 25 days for mobilization processing. If cleared, the applicant would be returned to his previous status and placed on active duty for a period of 400 days (including accumulated leave) with an end date of 16 November 2018. These orders further provide that Reserve Component Soldiers are required to return to the demobilization site no later than 39 days prior to the end of the mobilization in order to out process and take authorized leave. o. On 16 November 2018, the applicant was released from active duty. p. On 13 December 2018, AHRC issued Orders Number HR-8347-00016 ordering the applicant to active duty for 263 days, effective 11 January 2019, (including accumulated leave) with an end date of 30 September 2019. All processing to include transition leave must be completed before expiration of these orders. q. On 30 May 2019, AHRC issued Orders Number C-05-906943 reassigning the applicant from the USAR Control Group (Reinforcement) to an Individual Mobilization Augmentee (IMA) position, effective 30 May 2019. r. On 31 October 2019, AHRC issued Orders Number HR-9304-00021 ordering the applicant to active duty for 196 days (including accumulated leave), effective 30 November 2019 with an end date of 12 June 2020. These orders further provide that Reserve Component Soldiers are required to return to the demobilization site no later than 39 days prior to the end of the mobilization in order to out process and take authorized leave. s. On 15 July 2021, AHRC issued Orders Number HR-1196-00015 ordering the applicant to active duty for 365 days (including accumulated leave), effective 13 July 2021 with an end date of 12 July 2022. These orders further provide that Reserve Component Soldiers are required to return to the demobilization site no later than 39 days prior to the end of the mobilization in order to out process and take authorized leave. 3. The applicant provides the following a: a. Memorandum – Subject: Designation of Duty in Support of Operational Deployments and in-Patient Hospitalized Soldiers as Qualifying Duty for Special Leave Accrual dated 26 January 2015, reflective of the Secretary of the Army designating operational deployment for a continuous period of at least 120 days in a leave restricted area, which prevents use of ordinary leave and inpatient hospitalization for at least 120 days as a result of injuries incurred in the line of duty, which cause a Soldier to lose accrued annual leave at the end of the fiscal year, as qualifying duty for SLA. b. National Defense Authorization Act for Fiscal Year 2013, reflective of guidance pertaining to a temporary increase in accumulated leave carryover for members of the armed forces being extended to 30 September 2015. c. Army Mobilization and Deployment Reference 2017, reflective of information pertaining to operational deployments, contingencies, and mobilization. The applicant highlights the guidance wherein it provides that Soldiers transitioning from a mobilization status who are being converted to another active-duty status are permitted to roll-over accrued leave providing they have a signed memorandum stating the number of days accrued at the time of separation. Soldiers assigned to a hostile fire/imminent danger pay area for a continuous period in excess of 120 days are permitted to accrue 120 days of SLA (75 days of normal leave carry over and 45 days of SLA). Qualifying Soldiers are permitted to retain such leave until the end of the fourth successive fiscal year. This document is provided in its entirety for the Board's review within the supporting documents. d. USARCENT AO Deployment Entitlements and Compensation reflective of information pertaining to Hostile Fire Pay (HFP) and Imminent Danger Pay (IDP). The applicant highlights that Jordan is listed as a designated area authorized HFP. SLA is authorized for service members serving in an area authorized HFP (60 days accrued leave and 60 days SLA). SLA days cannot be sold and are lost unless used within 3 years. e. Email communication reflective of the applicant's attempts to address issues pertaining to his accrued leave between January – July 2016. This communication is provided in its entirety for the Board's review within the supporting documents. f. Leave accrual spreadsheet reflective of the applicant's account of leave accrued and or utilized during fiscal year (FY) 2012 – 2021. According to the applicant's calculations, he accrued 213.5 days of which he utilized 91 days. The applicant notes that as of 2019, his records reflect 60 days of leave, leaving a difference of 62.5 days of leave that he has lost. g. LES reflective of the applicant's pay and entitlements for November 2019. The applicant highlights a previous leave balance of 23 days of which he utilized 11 days resulting in a remaining balance of 12 days. The applicant further notes "28 days" of "use/lose" days. h. Leave Master Record dated 30 September 2021, reflective of the applicant's leave history between 2011 – 2021. Pertaining to the applicant's 8 October 2011 active- duty tour covering the period of 8 October 2011 – 16 November 2018, the applicant was projected to accrue 153.5 days of leave of which he utilized 91 days (64.5 days were combat zone leave days). Pertaining to the applicant's 11 January 2019 active-duty tour covering the period of 11 January 2019 – 12 July 2022, the applicant was projected to accrue 165.5 days of leave days of which he utilized 49 days none of which were combat zone leave days. The applicant's leave history is void of a remaining combat zone leave balance during either period, however this documentation does reflect the loss of 62.5 days of accrued leave previously loss. This document is further provided in its entirety for the Board's review. i. DA Form 4187 dated 16 November 2018, reflective of the applicant's request to roll over 107.5 days of accrued leave obtained between 16 November 2015 – 16 November 2018. j. S1 CRC Leave Calculation Worksheet dated 15 November 2018, reflective of supporting document calculations pertaining to the applicant's request for leave roll- over. k. Orders Number 320-0508 dated 16 November 2018, reflective of the applicant being released from active-duty, effective 16 November 2018. l. DA Form 31 dated 13 November 2018, reflective of the applicant's use of transitional leave on 16 November 2018. m. Travel Itinerary dated 16 November 2018, reflective of the applicant's travel from El Paso, TX, to Tampa, FL, on 16 November 2018. n. Email communication, reflective of the applicant's attempts to address issues between November 2018 – September 2020, pertaining to his leave entitlements noting the guidance on his orders pertaining to PDMRA and the use of leave days prior to the completion of this period of mobilization. Communication further discusses potential SLA exemptions. The applicant notes that he earned a total of 30 days of annual leave and 13 days PDMRA leave during this period. He further provides that his demobilization process took approximately 12 days to complete. His mobilization orders directed that he be returned within 39 days of the end date of his orders in order to take accumulated leave and out-process. Based on the provided dates, the applicant required 55 days to execute the accumulated leave and out-process. These documents are provided in their entirety for the Board's review within the supporting documents. o. Memorandum – Subject: Validation of Duty Performed dated 18 October 2019, reflective of confirmation that the applicant performed duty from 15-18 October 2019. p. Email communication (May 2020 - January 2021) pertaining to the applicant's loss of 24 PDMRA leave days, and 62.5 leave days. The applicant further notes the loss of 18 days of leave at the end of FY 2019. The applicant notes that his leave is not properly reflected on his LESs. These documents are further provided in their entirety for the Board's review within the supporting documents. q. Defense Joint Military Pay System - Reserve Component (DJMS RC) Leave Master reflective of the applicant's projection to accrue approximately 213.5 leave days during his 8 October 2011 – 16 November 2018 mobilization period. The applicant accrued 31.5 days of combat zone leave exclusion, executed 91 days of chargeable leave. Further provided is the applicant's projection to accrue 43 days of leave in conjunction with his 11 January 2019 – 12 June 2020 mobilization period. The applicant did not have any days of combat leave exclusion noted during this period. However, the applicant executed 19 days of chargeable leave. r. Memorandum – Subject: Army Implementation Guidance for Designation of Duty in Support of Operational Deployments and In-Patient Hospitalized Soldiers as Qualifying for SLA dated 7 March 2016, reflective of information pertaining to the process for Soldiers to obtain SLA for operational deployments of 120 continuous days or longer in a leave restricted area. Personnel offices are responsible for processing manual request for SLA. For deployments where Deployed Theater Accountability Software is employed to maintain accountability of personnel, credit for SLA is automatic i.e., no manual request for SLA is required provided the Defense Finance Accounting Service has the commander's designation of leave restriction on file. s. Patient Movement Request reflective of information pertaining to the applicant sustaining injuries on 11 July 2015 while in combat which required that he be transferred from Afghanistan to Germany in August 2015. The applicant remained under doctor's care for about 1 month prior to being returned to Afghanistan. t. Email communication (April 2020 - December 2021), reflective of communication concerning the applicant's SLA. The applicant was advised that there was no justification for SLA protection noting that SLA was designated and intended for Soldiers who were unable to use leave due to lengthy deployments in hostile fire areas. When these service members returned from overseas, they typically executed block leave and exhausted their SLA protection. To the contrary, the applicant notes that his accrued leave was not properly credited therefore he was precluded from taking leave that was not reflected, however he continued to lose those days. This communication is provided in its entirety for the Board's review within the supporting documents. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records and the Office of the Deputy Chief of Staff G-1 – Compensation and Entitlements Division advisory opinion, the Board concurred with the advising official finding on January 23, 2019, Europe finance office corrected the applicant’s military leave for the tour October 8, 2011 through November 16, 2018 to show leave earned 213.5 days, used leave of 91.0 days and to roll over 107.4 day to the applicant’s next tour. In addition, the opine noted there were no travel days authorized for the tour ending January 1, 2013, due the applicant going directly onto a contingency active duty for operational support order starting January 2, 2013, to MacDill AFB without a break in service. The Board agreed based on the advisory opine, there is insufficient evidence to support the applicant’s contentions and relief was denied. 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. REFERENCES: 1. Department of Defense Financial Management Regulation 7000.14 provides that accrued leave must be carefully accounted for and accurately identified as to the time and circumstances under which it was earned. The number of days accrued and value of unused leave that is to be sold depends upon the timeframe and circumstances under which it was earned. a. A member who serves on active duty while entitled to hostile fire/imminent danger pay for a continuous period of at least 120 days may carry forward up to 120 days of SLA into the new fiscal year. Under this exemption, unused leave may be carried forward until the end of the third fiscal year following the fiscal year in which the service in the qualifying hostile fire/imminent danger area is terminated. b. The maximum amount of SLA leave that may be carried forward is the leave balance at the end of the fiscal year following the end of the SLA period not to exceed 120 days. The maximum amount will be reduced to a new level whenever the leave balance drops below the previously set level. If at any time the leave balance drops to or goes below 60 days, or 75 days (as permitted) then there is no longer any SLA protected leave. Therefore, the actual maximum leave that can be carried forward into succeeding fiscal years is the lowest leave balance achieved following the completion of the SLA duty or the usual 60 days. c. If the SLA qualifying period crosses a fiscal year, then the entire leave balance (not to exceed 120 days) will be carried forward and the leave accrued from the beginning of the new fiscal year through the end of the SLA qualifying period will be added to establish the maximum. Any portion of a leave balance in excess of 60 days which could have been taken before the end of the fiscal year had the member not been assigned to SLA qualifying duty will not be included in the carryover amount. Post Deployment Mobilization Respite Absence (PDMRA) provides that the Secretary of Defense directed on 19 January 2007, that a program be established to recognize members who mobilize or deploy more frequently than established rotation policy goals. The PDMRA program was established to allow a member to earn days of administrative absence, not chargeable to the member's accrued leave account, dependent on the length of time the member deployed beyond the rotation policy goals. The program also allows members to receive monetary compensation in lieu of administrative absence days in certain situations. Members electing to be paid the Assignment Incentive Pay (AIP) will receive $200.00 for each PDMRA day earned. Members are not authorized to be paid for any PDMRA days earned before an election is made. a. Creditable time: Creditable time for Reserve Component members includes mobilizations under Title 10, United States Code (USC), sections 12301(a), 12302, or 12304. Mobilization for this purpose includes the day the member is mobilized through the date the mobilization is terminated. PDMRA days are authorized for each month or portion of a month that a member is mobilized beyond the frequency thresholds i.e., Reserve component members mobilized in excess of 12 months during the most recent 72-month period qualify for PDMRA. b. Reserve Component (RC) members who, on the first day of their current qualifying mobilization, had been mobilized pursuant to Title 10, USC, sections 12301(a), 12302, or 12304 in excess of 12 months out of the previous 72 months, and who meet the other eligibility criteria contained in this enclosure, qualify for PDMRA days. The 12-month qualifying period may include service pursuant to section 10 U.S.C. 12301(d) when designated by the Secretary concerned. c. The number of PDMRA days awarded to Active Component and RC members are: * One day of administrative absence per month in excess of 12 months during the qualifying period * Two days of administrative absence per month in excess of 18 months during the qualifying period * Four days of administrative absence per month in excess of 24 months during the qualifying period * RC members must be on active duty during the days they take their earned PDMRA days d. Election of Payment for PDMRA Days for Select RC Members: Under current law, RC members who are also Federal, State, or local government civilian employees are not permitted to receive their civilian pay while on active duty utilizing accrued PDMRA days. To resolve this pay restriction, the Secretary concerned may offer such RC members a special PDRMA payment which permits such members to elect to receive AIP pursuant to 37 U.S.C. 307a, in lieu of being awarded PDMRA administrative absence days. For this purpose, the AIP would be valued at a rate of $200.00 for each day of administrative absence that otherwise would have been authorized under the PDMRA program, not to exceed the statutory $3,000.00 monthly maximum limit of AIP payable to an individual member pursuant to 10 U.S.C. 307. If this option is offered, the AIP election must be made by the RC Service member prior to the PDMRA days being earned. This option may not be used to cash in administrative absence days already earned. Reservist (Called to Active Duty) – Deployment – Temporary Change of Station: provides that RC Soldiers called to active duty will receive mobilizations orders to report to home station first. Then, they will go to their mobilization station prior to deployment. In addition to mobilization orders, they will receive Temporary Change of Station (TCS) orders. At the end of their deployment, they will receive Released from Active Duty (REFRAD) orders for return travel. If the orders were for Contingency Operations Active Duty for Operational Support (CO-ADOS), they are self-terminating and allow for return travel upon completion. If the service members primary residence or place from which entered (or called) to active duty (PLEAD) is within commuting distance to their home station, they will be reimbursed mileage on the first day of travel and the last day of travel. If their residence or PLEAD is outside of commuting distance, they are authorized transportation and per diem. Travel days to the TCS location will be reimbursed. Most TCS orders authorize Government transportation, quarters and meals, at no cost to the traveler. 2. Effective 11 March 2020 through 30 September 2021, Service members performing active service, are authorized to accumulate annual leave in excess of 60 days not to exceed 120 days as shown on the end of month September 2021 Leave and Earnings Statement. Such members are authorized to retain such unused leave until the end of fiscal year 2024 (30 September 2024). The maximum amount of SLA leave that may be carried forward is the leave balance at the end of the fiscal year, following the end of the SLA period, not to exceed 120 days. The maximum amount will be reduced to a new level whenever the leave balance drops below the previously set level. If at any time, the leave balance drops to or goes below 60 days, then there is no longer any SLA protected leave. Leave will be accounted for by crediting it sequentially in the chronological order in which it is accrued. Generally, when used, leave will be charged with the most recently accrued leave charged first. This method is known as "Last In, First Out." 3. Army Regulation 600-8-10 (Leaves and Passes) prescribes policies and operating tasks governing military personnel absences. Chapter 3 (Special Leave Accrual) provides that the intent of SLA is to provide relief to Soldiers not allowed leave due to lengthy deployment in hostile fire or imminent danger areas or during periods of hostility. Soldiers may not carry forward more than 60 days of leave into a new FY (except when entitled to SLA or during the period 1 October 2008 through 30 September 2015, when 75 days could be carried forward). Leave in excess of 60 days is credited only for use, not for payment. It is lost if not used before its expiration date. The expiration date for SLA-protected leave is the end of the third FY after the FY in which the qualifying service ended (end of the 4th FY if earned between 1 October 2008 and 30 September 2015). * DFAS begins tracking Soldiers upon their arrival in HFP/IDP areas, as evidenced by documentation of HFP/IDP on Soldier LESs * Soldiers become eligible for SLA when they serve 120 consecutive days boots on the ground in HFP/IDP areas * SLA-protected leave begins to accrue when accrued leave balances exceed 60 days * SLA days appear on the LES on 1 October (if deployed, and the accrued leave balance exceeds 60 days), ten or more days after redeployment, SLA days appear on the end-of-month LES (if the accrued leave balance exceeds 60 days), if SLA is not documented, the unit personnel office should send an inquiry through the supporting Defense Military Personnel office to DFAS Situations resulting in loss of leave that do not meet criteria for SLA include Soldiers who did not use leave or could not use leave because operational requirements (unless due to preparation and subsequent deployment). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009882 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1