IN THE CASE OF:	  

		BOARD DATE:	  19 July 2011

		DOCKET NUMBER:  AR20100029582 


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 retroactive payment of unused Post Deployment/Mobilization Respite Absence (PDMRA).

2.  The applicant states he was unable to access the message announcing retroactive payment of PDMRA because of his revoked security clearance status.  He further states he was not informed of the program and once he found out about it, the date for submission had passed.  

3.  The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty) and PDMRA Calculator Worksheet and mobilization orders in support of this application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant was released from active duty (REFRAD) on 31 July 2007, while serving as a member of the United States Army Reserve.  

2.  The DD Form 214 for the period ending 31 July 2007 shows the applicant served on active duty in support of Operation Enduring Freedom from 
6 September 2006 through 31 July 2007. 

3.  The record shows the applicant was REFRAD during the shadow area between 19 January and 18 August 2007, the period between authorization of PDMRA and publication of the Army’s PDMRA implementation guidance.

4.  During the processing of this case, an advisory opinion was obtained from the Deputy Chief of Staff, G-1, United States Army Reserve Command (USARC).  This official indicates the applicant was eligible for 16 days of PDMRA and recommends the Board authorize payment for this unused PDMRA.  

5.  On 21 April 2011, the applicant was provided a copy of the USARC advisory opinion in order to have the opportunity to respond to its contents.  To date, he has failed to reply.  

6.  The following are the governing authority documents for PDMRA:

a.  Secretary of Defense Memorandum. Utilization of the Total Force, dated 
19 January 2007, directed a program be established to recognize members who are required to mobilize or deploy with a frequency beyond policy established rotation goals;

	b.  Under Secretary of Defense Memorandum, Programs to Support Utilization of the Total Force, dated 18 April 2007, established the PDMRA program in response to the Secretary of Defense directive in his 19 January 2007 memorandum; and 

	c.  ALARACT Message 173/2007, dated August 2007, contained the Army’s PDMRA implementation guidance. 

7.  The 2010 National Defense Authorization Act (NDAA), section 604 provided special authority to monetarily compensate Soldiers who were REFRAD and not able to use PDMRA during the period between PDMRA authorization by the Secretary of Defense on 19 January 2007, and publication of the Army’s PDMRA implementation guidance on 18 August 2007.  This authority expired on
28 October 2010.  

8.  Department of the Army Personnel Policy Guidance (PPG) contains guidance on the PDMRA program in paragraph 8-10i.  It states 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 also 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.  



9.  The PPG also contains guidance on Reserve Component (RC) creditable mobilizations/deployments.  These include involuntary mobilization/deployment under Title 10, USC, sections 12301(a), 12302, or 12304; or voluntary qualifying mobilizations under 12301(d).  To qualify a 12301(d) period of duty for PDMRA, the Soldier must provide a leave and earnings statement showing Hostile Fire/Imminent Danger pay to verify period of boots-on-the- ground (BOG) in Iraq, Afghanistan, or Kuwait.   

10.  PPG guidance on PDMRA usage states RC Soldiers may use accrued PDMRA during any authorized R&R leave period, or during current mobilization order/authorized extension of current mobilization order.  Soldiers unable to utilize accrued PDMRA days during their current mobilization order may be voluntarily retained on active duty under the provisions of Title 10 USC section 12301(d), Contingency Operations-Active Duty for Operational Support orders (CO-ADOS), to utilize accrued PDMRA days.  No tax benefits accrue or are attached to days of PDMRA regardless of where they were earned or awarded. PDMRA cannot be sold back at discharge, REFRAD, or retirement. There are no provisions allowing for carry over or monetary compensation for PDMRA days not used during the mobilization/deployment in which they were earned.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to be authorized and compensated for unused PDMRA days has been carefully considered and found to have partial merit.  

2.  The evidence of record confirms the applicant earned 16 days of PDMRA during the period in question and was never afforded the opportunity to use the days during the period of active duty in question, or at the time of his REFRAD.  Therefore, it would be appropriate to authorize the use of the denied PDMRA during the applicant's next deployment/mobilization under 10 USC, section 12301(a), 12302, or 12304; or voluntary mobilizations under 12301(d) if the duty is performed in Iraq, Afghanistan, or Kuwait.  This authorization will be void upon the applicant's transfer out of an authorized RC status.  

3.  Other than the authorization that expired on 28 October 2010, there are no longer any provisions of law or regulation that allow for monetary compensation for unused PDMRA days.  As a result, there is an insufficient regulatory or legal basis to provide the monetary compensation requested by the applicant and supported by USARC.  As a result, there is an insufficient evidentiary basis to support granting this portion of the requested relief. 



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 the applicant is authorized to use 16 days of PDMRA upon his next qualifying deployment/mobilization.  Authority to use this PDMRA will expire upon 
the applicant's transfer from an authorized RC status.  

2.  The Board further determined that the evidence presented was 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 monetary compensation for unused PDMRA days.  



      _______ _   __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)                                         AR20100029582





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ABCMR Record of Proceedings (cont)                                         AR20100029582



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