IN THE CASE OF:	  

		BOARD DATE:	  28 April 2011

		DOCKET NUMBER:  AR20110003010 


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) due based on his qualifying deployment/mobilization in support of Operation Enduring Freedom that ended in 2007.  

2.  The applicant states at the time of his release from active duty (REFRAD) the opportunity to use earned PDMRA he was entitled to was not offered.  

3.  The applicant provides an Ohio Army National Guard PDMRA correction memorandum, dated 24 January 2011 in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant was REFRAD on 18 April 2007 while serving in the Ohio Army National Guard.  

2.  The DD Form 214 for the period ending 18 April 2007 shows the applicant served on active duty in support of Operation Enduring Freedom from 
27 November 2005 through 18 April 2007, with service in Germany from           21 January 2006 through 27 March 2007.  


3.  The record shows the applicant separated from the period in which PDMRA was earned during the defined shadow area and as a result was denied the opportunity to use earned PDMRA prior to REFRAD from the period of active duty in which it was earned.  

4.  In connection with the processing of this case, an advisory opinion was obtained from the National Guard Bureau.  It states the applicant was wrongfully denied the entire PDMRA benefit due to an error in the calculations and misunderstanding of the policy and guidelines.  The NGB recommends approval of the applicant's request for compensation of 6 days of PDMRA.  

5.  The applicant was provided a copy of the NGB advisory opinion on 
15 March 2011, in order to have the opportunity to respond.  To date he has failed to reply.  

6.  The applicant provides a PDMRA correction memorandum from the Ohio Army National Guard.  It states the applicant was not submitted from compensation before the shadow area PDMRA deadline of 31 October 2010 because the paperwork was mailed to the wrong address.  This memorandum further states the applicant's deployment did fall within the defined shadow area and eligibility for PDMRA; however, the mobilization station was unaware PDMRA existed at the time of the applicant's REFRAD.  

7.  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. 



8.  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.  

9.  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.  

10.  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.   

11.  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 contention that earned PDMRA should be authorized has been carefully considered and found to have merit.  

2.  The evidence of record confirms the applicant earned 6 days of PDMRA during the period of active duty in question, as verified in the NGB advisory opinion.  
3.  The record shows the applicant was REFRAD within the defined shadow area and as a result it is logical to presume the opportunity to use earned PDMRA was not offered.  Therefore, although the legal authority to compensate the applicant for unused PDMRA has expired and is no longer an available remedy, it would be appropriate to authorize the use of earned PDMRA during the applicant's next qualifying deployment as defined in the PPG.  Monetary compensation is not authorized as result of this action.  

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 all Department of the Army records of the individual concerned be corrected by showing the applicant is authorized to use 6 days of PDMRA upon his next qualifying mobilization/deployment.  This recommendation carries with it no authority for monetary compensation.  




      __________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)                                         AR20110003010





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ABCMR Record of Proceedings (cont)                                         AR20110003010



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