BOARD DATE: 18 November 2014 DOCKET NUMBER: AR20140016974 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 payment for 82 days of unused Post Deployment/Mobilization Respite Absence (PDMRA). 2. The applicant states he was only able to take 36 days of PDMRA based on a letter from the U.S. Army Human Resources Command (HRC) stating he had only accrued 36 days of PDMRA. He appealed the number of days to HRC. After he was released from active duty (REFRAD) he was notified by HRC that he was entitled to 82 additional days of PDMRA and that he had to apply to the Board for relief. 3. The applicant provides of a DA Form 4187 (Personnel Action), PDMRA Calculator Computations, two deployment orders, two DD Forms 214 (Certificate of Release or Discharge from Active Duty), and a letter from HRC dated 7 September 2010. CONSIDERATION OF EVIDENCE: 1. The applicant was serving as a U.S. Army Reserve (USAR) Finance Corps lieutenant colonel when he was ordered to active duty in support of Operation Enduring Freedom on 14 October 2005. He was transferred to Germany during the period 20051028 – 20080921 and on 12 October 2008 he was REFRAD due to completion of required service. 2. On 15 December 2008, he was ordered to active duty in support of Operation Enduring Freedom. He deployed to Kuwait during the period 20090105 – 20090926 and on 14 December 2009 he was REFRAD due to completion of required service. He was ordered to active duty again on 1 May 2010 and he again deployed to Kuwait during the period 20100501 – 20101226. He was REFRAD on 25 March 2011. 3. On 7 September 2010, HRC dispatched a memorandum indicating that the applicant had earned 36 days of PDMRA. 4. The PDMRA Calculator now provided by HRC indicates the applicant earned 118 days of PDMRA and that he used 36 days, leaving a total of 82 days. 5. On 3 September 2013, he was transferred to the Retired Reserve. 6. The following are the governing authority documents for PDMRA: a. Secretary of Defense Memorandum. Utilization of the Total Force, dated 19 January 2007, directed a program be established to recognize members who are required to mobilize or deploy with a frequency beyond policy established rotation goals; b. Under Secretary of Defense Memorandum, Programs to Support Utilization of the Total Force, dated 18 April 2007, established the PDMRA program in response to the Secretary of Defense directive in his 19 January 2007 memorandum; and c. All Army Activities (ALARACT) Message 173/2007, dated August 2007, contained the Army’s PDMRA implementation guidance. 7. The 2010 National Defense Authorization Act (NDAA), section 604 provided special authority to monetarily compensate Soldiers who were 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. 8. Department of the Army Personnel Policy Guidance (PPG) contains guidance on 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. 9. The PPG also contains guidance on Reserve Component (RC) creditable mobilizations/deployments. These include involuntary mobilization/deployment under Title 10, USC, sections 12301(a), 12302, or 12304; or voluntary qualifying mobilizations under 12301(d). To qualify a 12301(d) period of duty for PDMRA, the Soldier must provide a leave and earnings statement showing Hostile Fire/Imminent Danger pay to verify period of boots-on-the- ground (BOG) in Iraq, Afghanistan, or Kuwait. 10. Section 605 of the Fiscal Year 2013 National Defense Authorization Act provides for payment of $200 per day for the nonparticipation of eligible members in the PDMRA program due to government error and advised that members may submit an application to the Board or use another process created by the Secretary of the Service concerned. This legislation allows an affected member to make application for payment for any period beginning with the inception of the PDMRA program. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that he should be paid $200 per day for the 82 days of PDMRA he was unable to take because of government error has been noted and appears to have merit. 2. The PDMRA calculator computes the applicant’s PDMRA entitlements as being 118 days for three separate deployments. He used 36 days and was unable to use the remaining 82 days due to government error in calculating his entitlements. 3. Therefore, as a matter of equity, he should be paid for the 82 days of PDMRA he was unable to take. BOARD VOTE: ____X____ __X______ _X____ GRANT FULL RELIEF ________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant was approved for payment of 82 days of unused PDMRA entitlements. 2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms. _________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) AR20140016974 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140016974 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1