RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00336
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
She be compensated for pay, points, and applicable benefits for
the loss of 12 days of Post Deployment/Mobilization Respite
Absence (PDMRA).
________________________________________________________________
APPLICANT CONTENDS THAT:
She earned 12 days of PDMRA during her 2010 mobilization;
however, she was demobilized without utilizing her PDMRA; and,
placed on Active Duty Operational Support (ADOS) orders before
the Installation Personnel Readiness (IPR) function was notified
to extend her orders for PDMRA.
In support of her appeal, the applicant submits copies of her
deployment history; DD Forms 214, Certificate of Release or
Discharge from Active Duty; special orders; travel voucher
summary; and an electronic communication.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently a member of the Ohio 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.
The remaining relevant facts pertaining to this application,
extracted from the applicants military records, are contained
in the letter 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 denial. A1PR states that PDMRA is a use or
lose benefit that must be approved by the members commander
while serving in a mobilized status for the Reserve component.
The applicant qualified for 12 days of PDMRA during a 2010
mobilization and was projected to be demobilized on 23 November
2010. The week prior to the applicants demobilization, A1PR
was working with Headquarters Air Force to get a mobilization
extension for the purpose of PDMRA. During that time, A1PR
advised the unit not to demobilize the applicant until
notification of the extension was received. An approval was
anticipated because numerous other unit members involved in the
mobilization received their extension approvals on 19 November
2010. Their office received final approval and forwarded it to
the unit IPR on 29 November 2010. The approval extended the
applicants mobilization out to 5 December 2010 for PDMRA.
However, further review of the applicants orders within the Air
National Guard Reserve Order Writing System (AROWS), does not
support the loss of PDMRA based on the contentions made by the
applicant. AROWS reflects the applicant was placed on a Special
Training (ST) order on 18 October 2010, to begin immediately
following her mobilization order. Furthermore, the applicants
mobilization order was amended on 2 December 2010 changing her
demobilization to 27 November 2010 just one day prior to the
start date of her ST order. This amendment occurred three days
after the unit IPR was provided with the approved mobilization
extension of 5 December 2010. If the commanders intent was for
the applicant to use her PDMRA, then her demobilization date
would have been changed to 5 December 2010 rather than
27 November 2010. There was ample time and authority to provide
an avenue for the applicant to utilize PDMRA if that was the
intent of the commander.
A1PR indicates the applicants record cannot be corrected to
reflect a demobilization date of 5 December 2010 as her ST
orders cover the same timeframe in question. She cannot be in a
mobilized and special training status at the same time.
A complete copy of the NGB/A1PR 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 8 April 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 an error or injustice. We took
notice of the applicant's complete submission in judging the
merits of the case and believe that it is unjust, that through
no fault of her own, she was not provided an opportunity to
utilize the provisions of the PDMRA. We note the Air Force
office of primary responsibility asserts that if it was the
commanders intention to afford the applicant the use of her
PDMRA, there was ample time to do so. However, we notice the
Mobilization Cell (MOBCELL) did not notify the IPR to extend her
mobilization tour orders to 5 December 2010 (to allow her to
utilize her 12 days of PDMRA) until six days after her
demobilization. Due to her mobilization orders not being
extended, her ST orders, issued on 18 October 2010, were amended
to begin the day after her demobilization (27 November 2010).
As a result, she was unable to utilize the PDMRA she was
entitled. Had the applicant not started her ST immediately
following her demobilization, the Board could correct the record
to reflect she was not released from her mobilization tour, but
remained on active duty for the purpose of utilizing her accrued
PDMRA credit; however, a member cannot be in a mobilized and
special training status at the same time. Therefore, in view of
the fact the applicant was not afforded the opportunity to
utilize her PDMRA credit during her active duty tour, we believe
that, in interest of equity and justice, it is appropriate to
authorize the applicant, as an exception to policy, Assignment
Incentive Pay (AIP) at the prescribed rate of $200.00 per day
for each day of her PDMRA credit. Accordingly, we recommend her
record 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 on
27 November 2010, as an exception to policy, competent authority
approved her request for Assignment Incentive Pay (AIP), at the
approved rate of $200.00 per day for the period 28 November 2010
through 9 December 2010.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-00336 in Executive Session on 29 September 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 18 Jan 11, w/atchs.
Exhibit B. Letter, NGB/A1PR, dated 22 Mar 11, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 8 Apr 11.
Panel Chair
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