IN THE CASE OF:	  

		BOARD DATE:	  19 July 2011

		DOCKET NUMBER:  AR20110012009 


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 payment for Post Deployment/Mobilization Respite Absence (PDMRA) for a deployment with the Army National Guard (ARNG).

2.  The applicant states he was told by his United States Army Reserve (USAR) unit he had to submit paperwork and after submitting it twice was told he had to apply to the Board for retroactive payment.

3.  The applicant provides DD Forms 214 (Certificate of Release or Discharge from Active Duty) and mobilization orders in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant served on active duty in support of Operation Noble Eagle with the North Carolina ARNG from 12 December 2001 through 1 December 2002, and again served on active duty with the North Carolina ARNG from 30 January 2006 through 4 June 2007, with service in Kuwait/Iraq from 11 May 2006 through 29 April 2007.  He also served on active duty with the USAR from 23 January 2010 through 25 May 2010; with service in Haiti from 19 February through 2 May 2010.  He last served on active duty with the USAR from 30 January 2011 through 5 May 2011.

2.  The record is void of any documents indicating the applicant requested and/or was denied the use of PDMRA during any of the identified mobilizations/
deployments in which it was earned or that an extension to these mobilizations/
deployments to use PDMRA at mobilization stations prior to REFRAD from the periods of active duty service in question were denied.

3.  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.

4.  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.

5.  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.

6.  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.

7.  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 request for case payment for unused PDMRA days has been carefully considered.  However, 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.

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 PDMRA days during any period of active duty in which it was earned, or that the applicant requested to be extended on active duty to use the earned PDMRA.

3.  Further, subsequent to the Army’s implementation of PDMRA guidance published on 18 August 2007, the policy has been well published on the PPG and in numerous documents published by the Army Deputy Chief of Staff, G-1, the National Guard Bureau and United States Army Reserve Command.  As a result, the applicant either was or should have been aware of the PDMRA program prior to the 28 October 2010 expiration of the reimbursement legal authority provided by the 2010 NDAA.  Therefore, 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 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)                                         AR20110012009



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ABCMR Record of Proceedings (cont)                                         AR20110012009



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