IN THE CASE OF:	  

		BOARD DATE:	  5 July 2011

		DOCKET NUMBER:  AR20110011050 


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

2.  The applicant states she lost 25 days of PDMRA based on a policy change that occurred while she was on transition leave prior to release from active duty (REFRAD).  

3.  The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty), an Inspector General (IG) complaint packet and the IG response in support of this application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant was REFRAD on 13 November 2008 while serving in the Alabama Army National Guard.  

2.  The DD Form 214 for the period ending 13 November 2008 shows the applicant served on active duty from 14 November 2004 through 13 November 2008 in support of Operation Enduring Freedom.  It further shows the applicant was ordered to active duty under the provisions of Title 10 of the United States Code, section 12302 (10 USC 12302). 

3.  The record shows the applicant's PDMRA was not authorized based on a Medical Command directive, effective 1 October 2008.  

4.  On 20 October 2008, the applicant submitted an IG complaint requesting reinstatement of her PDMRA days; and on 16 July 2009, the IG provided response identified as a clarification of an earlier conversation between the IG and applicant.  It identifies applicable PDMRA policy messages and informs the applicant she could apply to this Board for relief.  The record is void of any indication that prior to this application, the applicant applied to this Board for relief subsequent to receiving this IG respond. 

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 25 days of additional PDMRA should be authorized has been carefully considered.  However, there is insufficient evidence to support granting the requested relief.

2.  The PPG contains guidance on RC creditable mobilizations/deployments and states PDMRA is authorized for 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.  It does not authorize PDMRA days for voluntary deployments  under 10 USC 12302, which the applicant admits was the basis for her being ordered to active duty.  

3.  To qualify a voluntary 12301(d) period of duty for PDMRA, the Soldier must provide evidence confirming service in Iraq, Afghanistan, or Kuwait.   Army policy requires PDMRA to be used during the active duty period in which it was earned and there are no provisions to carry over or be monetarily compensated for PDMRA outside of the legal authority provided by the 2010 NDAA which expired on 28 October 2010.  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)                                         AR20110011050



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ABCMR Record of Proceedings (cont)                                         AR20110011050



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