IN THE CASE OF:
BOARD DATE: 5 July 2011
DOCKET NUMBER: AR20110010281
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 military records to show authorization of 26 days of Post Deployment/Mobilization Respite Absence (PDMRA).
2. The applicant states at the time of his release from active duty (REFRAD) he was not given the opportunity to use PDMRA days he earned and was entitled to and was never paid for the days.
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 REFRAD on 11 August 2007, while serving in the Puerto Rico Army National Guard.
2. The DD Form 214 for the period ending 11 August 2007 shows the applicant served on active duty from 23 July 2006 through 11 August 2007 with service in Iraq from 27 September 2006 through 5 August 2007.
3. The record shows the applicant was denied all or a portion of earned PDMRA and/or an extension on active duty to use earned PDMRA prior to release from active duty (REFRAD) from the period of active duty in which it was earned.
4. On 21 December 2007, the applicant was honorably discharged.
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 Armys 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 Armys 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 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.
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 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 reimbursed for 26 days of PDMRA has been carefully considered. However, although the 2010 National Defense Authorization Act (NDAA) provided special authority to monetarily compensate Soldiers for unused PDMRA for the period between 19 January 2007 and
18 August 2007, this authority expired on 28 October 2010. As a result, there is no longer legal authority to provide monetary compensation for unused PDMRA days.
2. The evidence of record also confirms the applicant earned 26 days of PDMRA during the period in question and was denied all or a portion of this earned PDMRA. It also confirms he was honorably discharged on 21 December 2007, and is no longer in an eligible RS status that would allow use of the PDMRA days during a future qualifying deployment/mobilization. As a result, there is an insufficient evidentiary basis to support authorization of the unused PDMRA days.
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) AR20110010281
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