IN THE CASE OF:
BOARD DATE: 25 March 2010
DOCKET NUMBER: AR20090011859
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 correction of his military records to show authorization of Post Deployment/Mobilization Respite Absence (PDMRA).
2. The applicant states he was discharged from active duty on 26 September 2008 but was not given credit or paid for 84 days of PDMRA that he earned and was entitled to.
3. The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 September 2008; a memorandum, Subject: Release from Theater - End of Mission, dated 29 August 2008; a PDMRA Earned Days Report; and a departure day calculator in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving in the South Carolina Army National Guard (SCARNG) in the rank of sergeant/SGT.
2. U.S. Army Human Resources Command (USAHRC), Alexandria, VA, Orders A-03-707049, dated 26 March 2007, ordered the applicant to active duty under Title 10, U.S. Code, section 12301(d) for the period 29 January 2007 to 26 July 2008, with duty in Afghanistan.
3. USAHRC-Alexandria, Orders A-01-800469, dated 9 January 2008, ordered the applicant to active duty under Title 10, U.S. Code, section 12301(d) for the period 27 July 2008 to 22 January 2009.
4. The applicant's DD Form 214 for the period ending 28 September 2008 shows he served on active duty from 29 January 2007 to 26 September 2008 with service in Afghanistan from 9 May 2007 to 20 September 2008.
5. In the processing of this case, on 12 January 2010, an advisory opinion was obtained from the National Guard Bureau (NGB), Chief, Personnel Policy & Readiness Division. The official states that pursuant to Secretary of Defense PDMRA guidance and Department of the Army policy, processing procedures for PDMRA were implemented at Camp Shelby, MS, prior to the applicant's release from active duty. The applicant's mobilization orders were never extended for the purpose of utilization of his earned PDMRA days. The official further states the applicant's DD Form 214 didn't reflect earned PDMRA days were taken at separation and his pay account reflects no previous payment. NGB conversations with transition and finance sections of the Demobilization Center at Camp Shelby fail to reveal the applicant was properly counseled or offered an opportunity to take PDMRA days during the administrative outprocessing. The official recommends approval of the applicant's request to be compensated for 84 days of PDMRA based on the information provided in the Army Board for Correction of Military Records (ABCMR) packet, data matching, and orders validation during their research.
6. A copy of the advisory opinion was forwarded to the applicant for information to allow him the opportunity to submit comments or a rebuttal. He did not respond.
7. 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, U.S. Code, sections 12301a, 12302, or 12304. Any voluntary mobilizations under Title 10, U.S. Code, section 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 remains in an active duty status.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to 84 days of PDMRA has been carefully considered and found to have merit.
2. The available evidence shows the applicant served a period of active duty service under Title 10, U.S. Code. Furthermore, the NGB has reviewed the applicant's service record and determined he earned 84 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 84 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 state 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 84 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) AR20090011859
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ABCMR Record of Proceedings (cont) AR20090011859
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