RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03170
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be compensated for pay, points, and applicable benefits for
the loss of 30 days of Post Deployment/Mobilization Respite
Absence (PDMRA).
________________________________________________________________
APPLICANT CONTENDS THAT:
He earned 30 days of PDMRA during the 2009 Mobilization.
However, he was demobilized without utilizing his PDMRA due to
lack of program knowledge by his unit. He was denied an
opportunity to take leave under the PDMRA due to an
administrative error.
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).
PDMRA is a program intended to recognize Service members who are
mobilized beyond certain rotation frequency thresholds (12
months in any 72-month period for Reserve Component members) by
awarding them administrative absence days. When a member
mobilizes or deploys beyond these targets, administrative
absences are granted to offer additional respite, to be taken at
a time convenient to the member and family. The number of
administrative absence days authorized is based on the number of
months beyond 12 that the Service member is deployed.
Section 605 of the FY2013 National Defense Authorization Act
(NDAA) provides for the payment of $200 per day for the
nonparticipation of eligible members in the PDMRA program due to
government error. Members may submit an application to the
Board for Correction of Military Records (BCMR) or use another
process created by the Secretary concerned.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force which is at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1PR recommends the applicant be compensated for 30 days of
PDMRA. The applicant performed military duty from 6 Mar 09
through 4 Apr 09 and earned 30 days of PDMRA for 26 months of
creditable mobilizations/deployments within previous 72-month
period. The applicants unit was not familiar with the
requirements of the PDMRA program and failed to implement the
policy when members of their wing were being demobilized in
2009. The units lack of knowledge of the PDMRA program
resulted in their members not receiving their earned PDMRA
credit.
A complete copy of the NGB/A1PS evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 11 Jan 13 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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 it is unjust
that, through no fault of his own, the applicant was not
provided an opportunity to utilize the provisions of PDMRA due
to the wings failure to properly implement the program. We
note the applicant has requested pay, points, and benefits for
the period that he should have been afforded a leave of absence
under the PDMRA program; however, in view of the fact the
provisions of the Fiscal Year 2013 National Defense
Authorization Act provide that members such as the applicant
should be paid $200 per day for every day of PDMRA they would
have received were it not for the governments error, we believe
correcting the applicants record to the extent indicated below
represents full and fitting relief.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that he
accrued 30 days of Post-Deployment/Mobilization Respite Absence
(PDMRA) when he was released from active duty on 6 March 2009
and was paid $200.00 for each day of his PDMRA credit in
accordance with the provisions of Section 605 of the Fiscal Year
2013 National Defense Authorization Act (NDAA).
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-03170 in Executive Session on 14 May 13, 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 14 Jul 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, NGB/A1PR, dated 18 Sep 12, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 11 Jan 13.
Panel Chair
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