IN THE CASE OF:	  

		BOARD DATE:	  26 July 2011

		DOCKET NUMBER:  AR20110013493 


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 cash reimbursement for Post Deployment/Mobilization Respite Absence (PDMRA) days earned during his period of active duty from 
1 October 2006 through 28 March 2008.  

2.  The applicant states although a request to use leave was submitted to allow him to use his accrued leave, the request did not address PDMRA days earned during the qualifying period of service between 2006 and 2008.  Due to an oversight of his unit and the demobilization station, he did not receive PDMRA days earned.  He states his active duty period should have been extended by
57 days.  

3.  The applicant provides mobilization orders, PDMRA calculator sheet, his
DD Form 214 (Certificate of Release or Discharge from Active Duty), and United States Army Human Resources Command (HRC) electronic mail (e-mail) message, Subject: Cash Reimbursement for Unused PDMRA, dated 27 May 2010 in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he served on active duty from 9 September 2006 through 2 June 2008, while a member of the United States Army Reserve (USAR).  



2.  On 2 June 2008, the applicant was honorably released from active duty and returned to his USAR unit.  The DD Form 214 for the period ending 2 June 2008 shows the applicant served on active duty under the provisions of Title 10 of the United States Code, Section 12301(d) (10 USC 12301(d)) and 10 USC 12314 (TTAD) from 9 September to 30 September 2008.  It also shows he served under the provisions of 10 USC 12302 (Partial Mobilization) from 1 October 2006 through 28 March 2008, and under the provisions of 10 USC 12301(d) from      29 March through 2 June 2008.  

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 to be reimbursed for unused/earned PDMRA days has been carefully considered.  However, other than the special authority to monetarily compensate Soldiers who were REFRAD between authorization for the PDMRA program on 19 January 2007, and Army implementation of the program on 18 August 2007, which expired on 28 October 2010, there are no provisions of law, regulation, or policy that allow for cash reimbursement for unused PDMRA.  

2.  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, there is an insufficient evidentiary basis to support granting the requested relief.  

3.  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 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.



      _______ _   _XXX______   ___
               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)                                         AR20110013493



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ABCMR Record of Proceedings (cont)                                         AR20110013493



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