RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03334
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be compensated for pay, points, and applicable benefits for
the loss of five days of Post Deployment/Mobilization Respite
Absence (PDMRA).
________________________________________________________________
APPLICANT CONTENDS THAT:
He earned five 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 five days
of PDMRA. The applicant earned five days of PDMRA for 17 months
of creditable mobilizations/deployments within previous 72 month
period and should have been allowed to take his PDMRA
entitlement from 6 Mar 09 through 11 Mar 09. However, 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/A1PR evaluation, with attachments, is
at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 10 Dec 12 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 untimely filed; however, it is in the
interest of justice to excuse the failure to timely file.
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 five (5) 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-2012-03334 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 pertaining to AFBCMR Docket
Number BC-2012-03334 was considered:
Exhibit A. DD Form 149, dated 27 Jul 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, NGB/A1PR, dated 18 Sep 12, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 10 Dec 12.
Panel Chair
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