IN THE CASE OF:	  

		BOARD DATE:	    6 March 2012

		DOCKET NUMBER:  AR20120003489 


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 correction of his military records to show authorization of 28 days of Post Deployment Mobilization Respite Absence (PDMRA) based on his qualifying deployment/mobilization ending on 21 August 2007.

2.  The applicant states that based on his late submission he did not receive the PDMRA monetary reimbursement authorized for shadow area Soldiers authorized in Section 604 of the 2010 National Defense Authorization Act (NDAA).  As a result, he is now requesting he be authorized the shadow area PDMRA days for use upon his release from his current deployment which is scheduled for May 2012.  

3.  The applicant provides a PDMRA Calculator Sheet, Deployment Orders, and DD Forms 214 (Certificates of Release or Discharge from Active Duty) in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant was released from active duty (REFRAD) for the period in question on 21 August 2007 while serving with the Minnesota Army National Guard (MNARNG).  He is currently serving on active duty in an Active Guard Reserve (AGR) status.  

2.  The DD Form 214 for the period ending 21 August 2007 shows the applicant served in Iraq from 21 March 2006 through 12 July 2007.  

3.  The record shows the applicant separated from the period in which PDMRA was earned just outside of the defined shadow area which was the period from 19 January 2007 through 18 August 2007.  There is no indication he was ever afforded the opportunity to use earned PDMRA during the deployment in which it was earned or at the time of his REFRAD from this particular period of active duty service.  

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 qualifying mobilizations under 12301(d).  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 carry over 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 authorized and compensated for unused PDMRA days has been carefully considered and found to have merit.  

2.  The evidence of record confirms the applicant earned 62 days of PDMRA during the period in question, as evidenced by the PDMRA calculator sheet and is requesting authorization for 28 days within the guidelines of the AGR program guidance on use.  Given implementation of PDMRA policy was sporadic prior to 1 March 2008, it is reasonable to presume the applicant was never afforded the opportunity to use the days during the period of active duty in question, or at the time of his REFRAD.  Therefore, it would be appropriate, in the interest of equity, to authorize the use of the 28 days of PDMRA days requested during the applicant's present qualifying deployment/mobilization as an exception to policy.  This authorization will be void upon the applicant's transfer out of an authorized RC status.  None of the additional days of the 62 total days earned will be authorized for future use.  

3.  Authorization for payment of PDMRA for Soldiers REFRAD between 
19 January and 18 August 2007 expired on 28 October 2010, and there has never been any policy or legal authority to authorize payment for unused PDMRA for Soldiers REFRAD subsequent to 18 August 2007.  As a result, it appears the applicant was never qualified for monetary compensation since his REFRAD was just outside of the defined shadow area.  



BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant is authorized to use 28 days of PDMRA upon his next qualifying deployment/mobilization which includes his current deployment.  Authority to use this PDMRA will expire upon the applicant's transfer from an authorized RC status.  



      _______ _   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)                                         AR20120003489



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ABCMR Record of Proceedings (cont)                                         AR20120003489



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