RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05073
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
The end of tour date for his 2013 mobilization be changed to 1 Nov 13 to grant him 14 days of Post Deployment/Mobilization Respite Absence (PDMRA).
APPLICANT CONTENDS THAT:
He qualified for 14 days of PDMRA during his tour but he was prematurely demobilized, preventing him from using the PDMRA he earned.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
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 Fiscal Year 2013 (FY13) 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 applicant was mobilized under Title 10 United States Code (U.S.C), §12302, during the period 5 Jan 08 through 5 Mar 09.
The applicant was again mobilized under Title 10 U.S.C., §12302, during the period 4 Feb 13 through 18 Oct 13.
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.
AIR FORCE EVALUATION:
NGB/A1PR recommends granting the applicants request, indicating there was an error or injustice. Reserve members who, on the first day of their current qualifying mobilization/deployment, had been mobilized pursuant to sections 12301(a), 12302, 12303 of Title 10 U.S.C. in excess of 12 months out of the previous 72 months, and who meet other eligibility criteria, qualify for PDMRA days. At the time the applicant was remobilized during the period 4 Feb 13 through 18 Oct 13 under Title 10 U.S.C., §12302, he had previously been mobilized in excess of 12 months during the previous 72 months under Title 10 U.S.C., §12302 during the period 5 Jan 08 through 5 Mar 09. Therefore, he qualified for PDMRA. In accordance with the computations methodology set forth in AFI 36-3003, Military Leave Program, dated 15 Oct 13, he should have received 14 days of PDMRA. However, the applicants wing was unaware of the PDMRA procedures until after the applicant as demobilized, and thus denied him his earned PDMRA.
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 20 May 14 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 NGB/A1PR 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 FY3 NDAA provide that members in the applicants situation are to 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 fourteen (14) days of Post-Deployment/Mobilization Respite Absence (PDMRA) when he was released from active duty on 18 October 2013 and, in accordance with the provisions of §605 of the Fiscal Year 2013 National Defense Authorization Act, he was paid $200.00 for each of the 14 days of his PDMRA credit in lieu of administrative absence.
The following members of the Board considered AFBCMR Docket Number BC-2013-05073 in Executive Session on 14 Oct 14 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 23 Oct 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, NGB/A1PR, dated 29 Jan 14, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 20 May 14.
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