IN THE CASE OF:
BOARD DATE: 19 July 2011
DOCKET NUMBER: AR20110012785
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 reconsideration of his earlier petition for compensation for 32 days of unused/earned Post Deployment/Mobilization Respite Absence (PDMRA).
2. The applicant states the Alabama Army National Guard (ALARNG) and National Guard Bureau (NGB) confirms a miscalculation in the PDMRA authorization he received from the mobilization station.
3. The applicant provides a self-authored letter as new argument in support of his application.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110000159, on 14 April 2011.
2. During its original review, the Board concluded that contrary to the opinions of the ALARNG and NGB, there were no provisions of law or policy that allowed for monetary compensation for unused/earned PDMRA.
3. The applicant argues that other Soldiers who spent less time in Iraq than he were compensated for the unused PDMRA and asks how the disparity will be resolved.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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 to be reimbursed for unused/earned PDMRA days has again been carefully considered. However, there is insufficient new evidence or argument to support this claim.
2. The Officer of the Under Secretary of Defense Memoranda, dated 14 January 2009 and 1 February 2009, and the Office of the Assistant Secretary (Manpower and Reserve Affairs) Memorandum, dated 12 February 2010 all refer to monetary compensation authorized under the provisions of the 2010 NDAA. This authorization was for Soldiers who were REFRAD and not able to use PDMRA during the period between authorization for the program on 19 January 2007, and implementation of the program on 18 August 2007, and even this authorization expired on 28 October 2010.
3. The applicant is advised that there are not now nor has there ever been any provisions of law or policy that provided for monetary compensation for Soldiers REFRAD after 18 August 2007. As a result, in spite of payments made to other Soldiers, reimbursement (monetary compensation) for unused/earned PDMRA in his case would be contrary to the existing law and policy regarding the use of PDMRA and will no longer be made simply because prior errors in payments were made.
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 to amend the decision of the ABCMR set forth in Docket Number AR20110000159, dated 14 April 2011.
_______ _ _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.
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