DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 9247-19 Ref: Signature Date Dear , This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 10 November 2020. The names and votes of the members of the panel will be furnished upon request. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion contained in Office of the Chief of Naval Operations memorandum 7431 Ser N130C2/20U0283 of 24 February 2020; a copy of which was previously provided to you for comment. On 6 September 2007 you were issued official recall to active duty orders (BUPERS mobilization order: 2497) under Section 12302 of Title 10 U.S.C. for a period of 365 days. On 19 September 2007 you were issued mobilization order modification. On 3 October 2007 you entered active duty. On 21 July 2008 you were issued mobilization order extension for an additional 12 months. On 14 July 2009, you were issued official release from active duty orders (BUPERS demobilization order: 1959) under Section 12302 of Title 10 U.S.C. On 19 August 2009 you were issued official active duty for special work orders (BUPERS orders) under Section 12301 (D) of Title 10 U.S.C. for the period of 1 October 2009 to 30 September 2010. On 30 September 2011 you were released from active duty from active duty special works upon completion of required active service. On 1 February 2013 you were issued BUPERS mobilization order: 0323 under Section 12302 of Title 10 U.S.C. for a period of 425 days to ultimate activity of . On 2 August 2013 you entered active duty. On 12 September 2013 you arrived to Camp , for duty. On 22 June 2014 you departed and arrived to , on 23 June 2014. On 2 December 2014 you were issued a Certificate of Release or Discharge from Active Duty (DD Form 214) listing that you served in an imminent danger pay area, and you were authorized 10 days of Post-Deployment/Mobilization Respite Absence (PDMRA). On 29 January 2015 you were released from active duty and transferred to the Navy Reserve upon completion of required active service. In accordance with MILPERSMAN 1050-272, New Policy – Program guidance for Qualifying Mobilizations that Occur on or After 1 October 2011. RC members mobilized pursuant to reference (d) §12301(a), §12302, or §12304 who have deployed in excess of 12 months out of the previous 72 months on the first day of their current mobilization, and who meet the other eligibility criteria contained in this section, qualify for PDMRA days. Mobilization time to creditable mobilization locations is cumulative on a month-to-month basis. RC members accrue 1 administrative absence day per month when the mobilization threshold is exceeded, and the RC Service member is outside of the United States pursuant to reference (d) §12301(a), §12302, or §12304. Bridge Policy – Program Guidance for Qualifying Mobilizations that Commence Prior to 1 October 2011 and Continue on or After 1 October 2011. Per reference (e), RC members whose mobilization commenced prior to 1 October 2011 and continued on or after 1 October 2011 may qualify under the PDMRA accrual guidance contained in paragraph 1 of this article. In order to qualify under the old policy, the RC member must have been deployed under reference (d) §12301(a), §12302, or §12304 orders. This mobilization must have commenced prior to 1 October 2011 and continued on or after 1 October 2011. RC members who began mobilization orders on or after 1 October 2011 do not qualify under this provision. You requested that your DD Form 214 be corrected to reflect the appropriate amount of PDMRA and granted pay for PDMRA earned for your recent deployment to Djibouti, Africa that began on 2 August 2013. Furthermore, you requested that you be granted 96 days. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions. However, the Board concluded that from 3 October 2007 to 30 September 2009 you earned 18 days of PDMRA; however, you provided no evidence that you did not receive it. Furthermore, although you exceeded the mobilization threshold based on previous mobilizations and you were eligible to accrue days of PDMRA for your mobilization to Djibouti, the amount of PDMRA of 10 days listed on your DD Form 214 is correct since your qualifying mobilization commenced after the new policy came into effect. You were authorized one day per month from September 2013 to June 2014. In this connection, the Board disagreed with the comments contained in the advisory opinion. You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. Sincerely, 2/2/2021 Deputy Director