IN THE CASE OF:
BOARD DATE: 5 October 2010
DOCKET NUMBER: AR20100022169
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 49 days of Post Deployment/Mobilization Respite Absence (PDMRA).
2. The applicant states he was released from active duty and not given the opportunity to use PDMRA days he earned and was entitled to.
3. The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty) and Army National Guard PDMRA Calculator Worksheet in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant was released from active duty on 19 October 2007 and is currently serving in the Alabama Army National Guard (ALARNG).
2. The applicant's DD Form 214 for the period ending 19 October 2007 shows he served on active duty from 9 July 2006 through 19 October 2007 with service in Kuwait from 17 October 2006 through 29 September 2007.
3. The National Guard Bureau (NGB), Chief, Personnel Policy & Readiness Division states that pursuant to Secretary of Defense PDMRA guidance and Department of the Army policy, processing procedures for PDMRA were implemented 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.
4. The NGB, Chief, Personnel Policy & Readiness Division 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. A review of the separation process failed to reveal the applicant was properly counseled or offered an opportunity to take PDMRA days during the administrative out processing. The NGB official recommends approval of the applicant's request to be compensated for 42 days of PDMRA based on the information in the applicant's record, data matching, and orders validation.
5. 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 of the United States Code (10 USC), Sections 12301a, 12302, or 12304. Any voluntary mobilizations under Title 10 of the United States Code, Section 12301d, CO-ADOS or Retiree Recalls, do not qualify for PDMRA unless mobilization was in conjunction with deployment to Iraq or Afghanistan. However, a RC Soldier involuntarily called to active duty under the above sections of 10 USC 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 increases as the Soldier remains in an active duty status.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention he is entitled to 49 days of PDMRA has been carefully considered and found to have partial merit.
2. The available evidence shows the applicant served a qualifying period of active duty service under 10 USC for award of PDMRA. Furthermore, the NGB has reviewed the applicant's service record and determined he earned 42 days of PDMRA which through no fault of his own he was not afforded the opportunity to use.
3. In view of the above, the applicant's records should be corrected to show he is entitled to receive 42 days of PDMRA with all appropriate allowances to be used within a 12-month period commencing on the date of this Board's notice.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ___X____ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he is authorized to use 42 days of PDMRA and receive all benefits entitled to as a result of the authorization within the 12-month period commencing from the date this Board recommendation is approved.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to authorization of the full
49 days of PDMRA leave requested.
_______ _ _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) AR20100022169
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ABCMR Record of Proceedings (cont) AR20100022169
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