IN THE CASE OF:	

		BOARD DATE:	13 August 2009  

		DOCKET NUMBER:  AR20090001237 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his military records to show authorization of Post Deployment/Mobilization Respite Absence (PDMRA).

2.  The applicant states that it is his understanding he was entitled to additional days of leave or payment at the end of his mobilization.  He was not given either.  He contends that a fellow Soldier informed him of this entitlement but he is not sure if it was paid or not.  He would like an evaluation made of his records to determine the status of his PDMRA.

3.  The applicant provides, in support of his application, copies of his mobilization orders, DD Form 214 (Certificate of Release or Discharge from Active Duty), temporary change of station (TCS) orders, and a Statement of Wartime Service. 

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was serving as a major, pay grade O-4, in the Army National Guard.

2.  Orders 46-159, Puerto Rico Army National Guard, dated 22 February 2003, as amended on 27 January 2004, ordered the applicant to active duty under the authority of Title 10, United States Code (USC), Section 12302 for the period 
14 February 2003 to 13 February 2004.

3.  Orders 181-0311, XVIII Airborne Corps and Fort Bragg, North Carolina, dated 29 June 2004, released the applicant from active duty and assigned him back to the Puerto Rico Army National Guard, effective 27 July 2004.

4.  Orders 037-002, Puerto Rico Army National Guard, dated 28 February 2006, ordered the applicant to active duty, under the authority of Title 10 USC, Section 12302 and Executive Order 13223.  His report date to the mobilization station was 2 March 2006.  There are no available orders showing when this period of active duty was terminated.

5.  Orders A-06-613458, United States Army Human Resources Command, Alexandria, Virginia, dated 5 June 2006, ordered the applicant to active duty, under the authority of Title 10, USC, Section 12301, in support of Operation Enduring Freedom (Afghanistan).  

6.  Orders 157-513, Mobilization Center Shelby, Camp Shelby, Mississippi, dated 6 June 2006, deployed the applicant on a temporary change of station (TCS) to Afghanistan with a will proceed date of 8 June 2006 [based on availability of transportation].  

7.  A memorandum from the 205th Regional Security Advisory Command, dated 13 June 2007, shows the applicant served in the Central Asian Combined Joint Operations Area in support of Operation Enduring Freedom during the period from 12 June 2006 to 12 June 2007.

8.  Orders 167-026, 1st Mobilization Brigade, dated 16 June 2007, released the applicant from active duty and assigned him back to the Puerto Rico Army National Guard, effective 6 July 2007.

9.  In the processing of this case, an advisory opinion was obtained from the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff, G-1 [Personnel].  The opinion provides that the Secretary of Defense has recently authorized the National Guard Bureau and the Office of the Chief of Army Reserves to grant Soldiers previously earned PDMRA days and the use of the respite absence during their next Title 10, USC, mobilization, active duty, or Federal service period.  The Army guidance regarding PDMRA usage by Active Component Soldiers states the PDMRA must be used within 12 months of returning from deployment or during the Soldier's permanent change of station (PCS) travel between the Soldier's old and new permanent duty station (PDS).  PDMRA that is not used within 12 months of returning from deployment or during PCS travel expires.  Unused PDMRA days cannot be retained or carried forward to the new unit, command, or PDS for later use.  After a careful review of the applicant's service, the determination was made that the applicant should be authorized to use 44 days of PDMRA within 12 months of the notification.  The advisory opinion recommended that the notification period commence from date of the Board’s approval notice.  

10.  On 15 May 2009, a copy of the advisory opinion was sent to the applicant for his information and opportunity to rebut.  No response was received. 
11.  PDMRA is designed to give extra time off to Reservists and members of the National Guard to compensate them for too little dwell time at home between deployments.  PDMRA days are available to Active Component (AC) Soldiers who have deployed to Afghanistan, Iraq or with certain theater units and other areas as determined by the Secretary of the Army or his designated representative.  PDMRA days are also available to Reserve Component (RC) Soldiers but they must have been mobilized under Title 10, USC sections 12301a, 12302, or 12304.  Any voluntary mobilizations under 10 USC 12301(d)/CO-ADOS or Retiree Recalls do not qualify for PDMRA unless the 12301(d) mobilization was in conjunction with deployment to Iraq or Afghanistan.  However, an RC Soldier, involuntarily called to active duty under the above code sections, need not be deployed to a combat zone to accrue PDMRA days.  Soldiers who have been mobilized or deployed more than the Army plan called for, will accrue PDMRA days after the 13th month on active duty orders.  PDMRA is initially earned at a rate of 1 day per month and the number of days increase as the Soldier remain in an active duty status.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he did not receive his entitled PDMRA.

2.  The available evidence shows the applicant served two periods of active duty service under the authority of Title 10, USC.  Furthermore, the Department of the Army G-1 has reviewed the applicant's service and determined he earned
44 days of PDMRA which should be afforded to him for use within 
12 months of this Board's notification.

3.  In view of the above, the applicant's records should be corrected to show he is entitled to receive 44 days of PDMRA to be used within a 12-month period commencing on the date of this Board's notice.





BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the Pureto Rico Army National Guard records and the Department of the Army records of the individual concerned be corrected by showing that he is authorized to use 
44 days of PDMRA within the 12-month period commencing from the date this Board recommendation is approved.



      _______ _   __X_____   ___
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090001237



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ABCMR Record of Proceedings (cont)                                         AR20090001237



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