IN THE CASE OF:
BOARD DATE: 25 October 2011
DOCKET NUMBER: AR20110020119
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 he receive shadow area Post Deployment/Mobilization Respite Absence (PDMRA).
2. The applicant states he has been identified as eligible to receive shadow area PDMRA compensation based on the delay in the implementing guidance.
3. The applicant provides two DD Forms 214 (Certificate of Release or Discharge from Active Duty) in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant was released from his first qualifying period of mobilization active duty (REFRAD) on 11 October 2007, and was REFRAD from his second qualifying mobilization on 27 January 2010, while serving in the Ohio Army National Guard.
2. The DD Form 214 for the period ending 11 October 2007 shows the applicant served on active duty from 17 June 2006 through 11 October 2007, with service in Kuwait/Iraq from 13 September 2006 through 5 September 2007. The DD Form 214 for the period ending on 27 January 2010 shows the applicant served on active duty from 19 September 2008 through 27 January 2010 with service in Afghanistan from 8 January 2009 through 2 August 2009.
3. The record is void of any documents indicating the applicant requested and/or was denied the use of PDMRA during either of the mobilization/deployment periods in which it was earned.
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 applicants contention that he should be compensated for earned shadow area PDMRA has been carefully considered. However, the applicant was REFRAD from his first qualifying period of active duty on 11 October 2007, subsequent to the end date of the shadow area which was established as
18 August 2007.
2. 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.
3. 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 during either of the periods of active duty in which it was earned.
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.
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