IN THE CASE OF:	  

		BOARD DATE:	    10 May 2011

		DOCKET NUMBER:  AR20110004424 


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 10 days of Post Deployment/Mobilization Respite Absence (PDMRA).  

2.  The applicant states the opportunity to use earned PDMRA was denied. 

3.  The applicant provides deployment orders and PDMRA Calculator Worksheet in support of this application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant while serving on active duty in the active component was deployed to Iraq from 30 July 2006, and to Afghanistan on 15 August 2007.  He was last deployed to Afghanistan in support of Operation Enduring Freedom on 16 April 2010, and served there until 19 January 2011.  

2.  The record is void of any documents indicating the applicant requested and/or was denied the use of PDMRA during the mobilization/deployment in which it was earned prior to his arrival at his next duty station.  



3.  In connection with the processing of this case, an advisory opinion was obtained from the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff, G-1.  This official indicates that based on a review of the pertinent policy documents, the applicant does not qualify for reimbursement for PDMRA earned at the end of his 2008 deployment.  He further confirms statutory authority for reimbursement only applied to Soldiers qualifying for PDMRA days between 19 January and 18 August 2007.  He further indicates that although the applicant earned 10 days of PDMRA for his most recent deployment, the policy requires PDMRA days be used within 12 months of returning from deployment or between permanent change of station movement from old to new duty stations.  Any earned PDMRA days not used within 12 months are lost and earned PDMRA days may not be retained or carried over. 

4.  On 24 March 2011, the applicant was provided a copy of the G-1 advisory opinion in order to have an opportunity to respond to or rebut its contents.  To date, he has failed to reply.  

5.  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.  

6.  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.  



7.  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.  

8.  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 mobilizations under 12301(d) if the duty is performed in Iraq, Afghanistan, or Kuwait.  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.  

9.  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 carryover 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 10 days of PDMRA should be authorized has been carefully considered.  However, the Army policy requires active duty Soldiers use PDMRA within 12 months of return from deployment/mobilization or during permanent change of station moves between old and new duty station.  PDMRA days not used within the established 12 month time period are lost and there are no provisions to retain or carry over PDMRA days.  

2.  The evidence of record and independent evidence provided by the applicant is void of any documentary evidence indicating the applicant requested and was denied use of earned PDMRA during or within 12 months of his return from his last deployment.  Therefore, as confirmed by the G-1 advisory opinion he is not eligible to retain or be reimbursed for the earned PDMRA days.  As a result, there is an insufficient evidentiary basis to support granting the requested relief. 
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 that 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)                                         AR20110004424



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ABCMR Record of Proceedings (cont)                                         AR20110004424



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