IN THE CASE OF:	  

		BOARD DATE:	  19 July 2011

		DOCKET NUMBER:  AR20110012811 


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 to the Board requesting compensation for unused Post Deployment/Mobilization Respite Absence (PDMRA).  

2.  The applicant states a gross error was made by the Board in its interpretation of the policies and what was stated in item 6 (I believe the record to be in error or unjust for the following reasons).  He claims he was not aware of PDMRA days being earned while on active duty and as a result, there is no way that he could have applied for something he had no knowledge of.  

3.  The applicant provides a self-authored letter and accompanying documents, which include the Board's original Record of Proceedings (ROP), in support of his reconsideration request.  

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 AR20110005525, on 12 April 2011.  

2.  During its original review of the applicant's case it determined he was not within the shadow area defined that allowed or authorized monetary compensation for unused PDMRA.  

3.  The applicant submits a self-authored letter with accompanying documents as new argument.  He argues he only learned of possible reimbursement for unused/earned PDMRA through other Soldiers who had been released from active duty (REFRAD) and received reimbursement for unused PDMRA days.  He states these Soldiers had also been REFRAD for over 24 months like him and did not know they earned PDMRA.  

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 Army’s 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 Army’s 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 the alleged inaccuracies in the original Record of Proceedings in this case referred to by the applicant, reimbursement (monetary compensation) for unused/earned PDMRA in his case would be contrary to the existing law and policy regarding the use of PDMRA. 

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement and/or that would support amendment of the original Board recommendation in this case.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___  DENY APPLICATIONN

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 AR20110005525, on 12 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.



ABCMR Record of Proceedings (cont)                                         AR20110012811





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ABCMR Record of Proceedings (cont)                                         AR20110012811



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