RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03739
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be entitled to Post Deployment/Mobilization Respite Absence
(PDMRA).
________________________________________________________________
APPLICANT CONTENDS THAT:
He was denied an opportunity to take leave under the PDMRA due
to an administrative error.
In support of the appeal, the applicant submits extracts from
his military records.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a member of the West Virginia Air National
Guard (ANG).
On 19 January 2007, the Secretary of Defense (SecDef) released a
memorandum, Utilization of the Total Force, directing the
service secretaries to establish a new program to compensate
individuals who are required to mobilize or deploy beyond the
established rotational policy goals.
On 18 April 2007, the Under Secretary of Defense released a
memorandum, Programs to Support Utilization of the Total Force,
establishing PDMRA as a new category of administrative absence.
PDMRA accrues to Reserve component members when their creditable
mobilized service exceeds 12 months in a rolling 72-month window
as follows: one day for each month of mobilized service between
12 and 18 months, two days for each month of mobilized service
between 18 and 24 months, and four days for each month of
mobilized service in excess of 24 months. The rolling window
must culminate with tour of mobilized service occurring on or
after 1 January 2007 in order for PDMRA to accrue.
According to the 1 October 2007 HQ USAF/A1P PDMRA implementation
guidance, mobilizations starting no earlier than 7 October 2001
are creditable in calculating the PDMRA entitlement. Creditable
mobilizations are defined as those under Title 10, United States
Code (USC), Sections 12301(A) (Full Mobilization), 12302
(Partial Mobilization), or Section 12304 (Presidential Reserve
Call-up). Additionally, voluntary (10 USC 12301(d)) deployed
service to Afghanistan or Iraq since 7 October 2001 is also
creditable for the purpose of PDMRA.
On 26 October 2009, Air Force Instruction 36-3003, Military
Leave Program, was revised to include PDMRA as a form of
administrative absence.
On 11 June 2010, NGB/A1 released amplifying information/guidance
regarding the calculation and documentation of PDMRA usage/
entitlements.
To date, approximately 61 members of the 130th Airlift Wing
(AW), West Virginia ANG, have submitted AFBCMR appeals,
contending they were not afforded the opportunity to utilize
their PDMRA credit accrued since the programs inception.
The remaining relevant facts pertaining to this application,
extracted from the applicants military records, are contained
in the letters prepared by the appropriate office of the Air
Force. Accordingly, there is no need to recite these facts in
this Record of Proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1PR recommends the applicant be compensated for 18 days of
PDMRA and states, in part, that if PDMRA would have been
implemented prior to the applicants demobilization date, he
would have earned 18 days of PDMRA. The member was mobilized
for a significant amount of time between 2003 and 2005, and then
again in 2009; however, the unit did not implement the PDMRA
policy in order to award the applicant his earned days.
According the to the Fiscal Year 2010 Fiscal Year National
Defense Authorization Act, Section 604, the Secretary may
provide any member either one day of administrative absence or
payment of up to $200 for each day the individual would have
qualified for a day of administrative absence on any day during
the period beginning on 19 January 2007, and ending on the date
of implementation prior to the members demobilization date The
applicant would have earned 18 days of respite under the PDMRA.
The members squadron and the unit Installation Personnel
Readiness (IPR) were unfamiliar with the requirements of the
PDMRA program when members of their wing were being demobilized
in 2009. The calculations needed to capture creditable and
applicable deployments for PDMRA are extremely complex and
require extensive program knowledge for correct execution. Due
to the lack of program knowledge by the squadron, many members
of the wing were not informed of their earned PDMRA credit.
Execution of PDMRA continues to be a challenge for all service
components and the SecDef is currently looking into the program
for further simplification.
A complete copy of the NGB/A1PS evaluation, with attachments, is
at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 24 February 2011 for review and comment within
30 days (Exhibit C). As of this date, no response has been
received by this office.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case and agree with the opinion and recommendation of the
Air National Guard office of primary responsibility and adopt
its rationale as the basis for our conclusion the applicant has
been the victim of an error or injustice. We agree that it is
unjust that through no fault of his own, the applicant was not
provided an opportunity to utilize the provisions of the PDMRA,
due to the wings failure to inform and implement the program.
In view of this, and noting the applicant was otherwise
eligible, we recommend his records be corrected to the extent
indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to APPLICANT be corrected to show that he was not
released from active duty on 6 March 2009, but on that date he
was placed in an administrative absence status for a period of
18 days, and on 24 March 2009 was released from active duty.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-03739 in Executive Session on 5 May 2011, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Aug 10, w/atchs.
Exhibit B. Letter, NGB/A1PR, dated 9 Dec 10, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 24 Feb 11.
Panel Chair
AF | BCMR | CY2010 | BC-2010-03738
The member was mobilized for a significant amount of time between 2003 and 2005, and then again in 2009; however, the unit did not implement the PDMRA policy in order to award the applicant his earned days. The calculations needed to capture creditable and applicable deployments for PDMRA are extremely complex and require extensive program knowledge for correct execution. ________________________________________________________________ The following members of the Board considered AFBCMR...
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The member was mobilized for a significant amount of time between 2003 and 2005, and then again in 2009; however, the unit did not implement the PDMRA policy in order to award the applicant his earned days. The calculations needed to capture creditable and applicable deployments for PDMRA are extremely complex and require extensive program knowledge for correct execution. ___________________________________________________________ The following members of the Board considered AFBCMR...
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The member was mobilized for a significant amount of time between 2003 and 2005, and then again in 2009; however, the unit did not implement the PDMRA policy in order to award the applicant his earned days. The calculations needed to capture creditable and applicable deployments for PDMRA are extremely complex and require extensive program knowledge for correct execution. ________________________________________________________________ The following members of the Board considered AFBCMR...
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AF | BCMR | CY2010 | BC-2010-03735
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AF | BCMR | CY2010 | BC-2010-03737
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