IN THE CASE OF:	  

		BOARD DATE:	    15 September 2011

		DOCKET NUMBER:  AR20110002348 


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 item 12b (Separation Date This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 May 2010 to show he was released from active duty on 10 May 2010.

2.  The applicant states:

	a.  Due to an inaccurate computation of Post Deployment/Mobilization Respite Absence (PDMRA) days he was released 6 days early of his intent and understanding when he departed Iraq in March 2010.

	b.  Upon nearing completion of his 2 years in Iraq, his brigade S-1 calculated both his leave days and PDMRA days from his release from active duty (REFRAD) date.  The date looked correct and coincided with the goal set knowing that after 730 days he would have his retired pay recalculated.  Unfortunately, the brigade S-1 erred in the calculation.  The PDMRA was incorrectly computed based on his REFRAD date and should have been computed based on his arrival date in the continental United States (CONUS).  As a result, he finds himself 6 days shy with an adjusted REFRAD date of 4 May 2010.

	c.  For whatever reason, the CONUS Replacement Center (CRC) opted not to allow him to take a 4-day pass over the weekend and then process out thereby satisfying the shortfall of 6 days "because it's all about numbers and not about the welfare of the Soldier."

	d.  His other goal was to get home after a long 2 years.

3.  The applicant provides:

* memorandum from his commanding officer in Iraq, dated 20 February 2010
* active duty orders
* amended active duty orders
* PDMRA leave authorization
* PDMRA calculations
* documentation regarding recalculation of retired pay after recall to active duty
* Bronze Star Medal orders
* DD Form 214
* letter from a Member of Congress, dated 20 January 2011

CONSIDERATION OF EVIDENCE:

1.  He was ordered to active duty in a U.S. Army retired status on 11 May 2008 in support of Operation Iraqi Freedom for a period not to exceed 400 days.  His active duty orders were later amended to show his period of active duty would not exceed 730 days and he would be REFRAD no later than 10 May 2010.  He served in Iraq from 31 May 2008 to 14 March 2010.  On 4 May 2010, he was REFRAD.

2.  Item 16 (Days Accrued Leave Paid) of his DD Form 214 shows the entry "0."  Item 18 (Remarks) shows the entry "PDMRA LEAVE FROM 20100320 TO 20100404" [16 days].

3.  He provides a memorandum from the Commanding Officer, 402nd Army Field Support Brigade, to the Commander, CRC, Fort Benning, GA, dated 20 February 2010, which states:

* "Request that [applicant] be authorized to take his accumulated PDMRA (22 days) and annual leave (30 days) prior to his REFRAD date."
* "Soldier is a Retiree Recall; therefore, his REFRAD date cannot be extended in order to take this accumulated leave."

4.  He provides a letter from the Chief, Operations and Plans Division, U.S. Army Human Resources Command (HRC), Fort Knox, KY, to a Member of Congress, dated 17 January 2011, which states:

* the applicant's military orders from HRC state "to be REFRAD not later than 10 May 2010"
* his REFRAD was completed on 4 May 2010 at Fort Benning, GA
* the applicant states his REFRAD date is incorrect and should be based on his CONUS arrival, but he was in CONUS at the time his REFRAD orders were published
* HRC does not have the authority to grant the applicant 6 additional days
* HRC recommends that the applicant submit a request to this Board for consideration
* HRC will adjust his REFRAD date based on this Board's decision

5.  There is no evidence of record that shows the applicant was serving on active duty during the period 5 May 2010 to 10 May 2010.

6.  PDMRA is designed to give extra time off to Reserve and National Guard members to compensate them for too little dwell time at home between deployments.  PDMRA days are available to Active Component Soldiers who 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 12301d, RC Soldiers serving contingency operations-active duty for operational support tours or Retiree Recalls, do not qualify for PDMRA unless mobilization was in conjunction with deployment to Iraq or Afghanistan.  However, an RC Soldier involuntarily called to active duty under the above sections of Title 10, U.S. Code, 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.  He requests adjustment of his REFRAD date to 10 May 2010 due to an inaccurate computation of his PDMRA days.

2.  His accumulated PDMRA days were calculated as 22 days by his commanding officer in February 2010 and he took PDMRA leave from 20 March 2010 to 4 April 2010 for a total of 16 days.  However, the evidence of record shows he was REFRAD on 4 May 2010.  Since there is no evidence that shows he served on active duty up to and including 10 May 2010, there is no basis for granting his request to amend item 12b of his DD Form 214 for the period ending 4 May 2010.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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)                                         AR20110002348



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ABCMR Record of Proceedings (cont)                                         AR20110002348



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