IN THE CASE OF:	

		BOARD DATE:	  22 August 2013

		DOCKET NUMBER:  AR20130006951 


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 payment for unused Post Deployment/Mobilization Respite Absence (PDMRA) leave.  

2.  He states at the time of his discharge, he was not awarded PDMRA.  The deployment should have earned PDMRA leave, referred to as "Shadow Area PDMRA."  He received a memorandum stating that in order to be considered to receive payment for PDMRA leave, he should submit a request to this Board for determination of eligibility of a potential Shadow PDMRA payment.  

3.  He provides a memorandum, active duty orders, and DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  At the time the applicant submitted he application, he was serving in the Ohio Army National Guard (OHARNG) in the rank of Chief Warrant Officer Two.  

2.  The applicant was released from active duty (REFRAD) on 3 September 2007 while serving in the OHARNG.  The DD Form 214 for the period ending 3 September 2007 shows he served on active duty from 1 April 2006 through 3 September 2007 with service in Iraq from 22 August 2006 through 12 August 2007.

3.  His service record is void of evidence which shows he was afforded the opportunity to use all or a portion of earned PDMRA and/or an extension on active duty prior to his REFRAD on 3 September 2007.  

4.  In a 13 February 2012 memorandum, the Deputy Chief of Staff for Personnel, State of Ohio, The Adjutant General's Department, stated:

	a.  the applicant had been identified as eligible to potentially receive Shadow PDMRA compensation because of the delay in implementing guidance for the PDMRA benefit.  The applicant may not have received the PDMRA benefit.  

	b.  PDMRA is administrative absence earned by Soldiers as compensation for qualifying mobilization periods during a 72-month period.  The program was announced by the Office of the Secretary of Defense (OSD) on 19 January 2007.  PDMRA that should have been provided to Soldiers during this period is referred to as "Shadow Area PDMRA."

	c.  Unfortunately, the date to automatically receive payment has passed.  The applicant was advised to submit a request to this Board for a determination of his eligibility of the potential Shadow PDMRA payment.  

5.  On 13 May 2013, an advisory opinion was obtained from the Acting Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff (ODCS), G-1 who recommended this Board support PDMRA reimbursement for 6 days PDMRA at $200.00 per day, which equals $1,200.00.  The advisory official stated the applicant's April 2006 mobilization order and DD Form 214 on September 2007 indicates an 18-month mobilization period.  Consequently, the applicant was eligible for one day PDMRA for mobilization months 13 through 18 for a total of 6 days PDMRA.  Authority in Section 605 of Public Law 112-239, National Defense Authorization Act for Fiscal Year 2013 allows a cash payment of $200.00 for each PDMRA day earned but not received due to a Government error.  

6.  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. 

7.  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.  

8.  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.  

9.  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.   

10.  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 6 days of PDMRA during the period of active duty in question, as verified in the G-1 advisory opinion.  The record shows the applicant was REFRAD within the defined shadow area and as a result it is logical to presume the opportunity to use earned PDMRA was not offered.  

3.  Therefore, it would be equitable to authorize the applicant payment for 6 days of earned PDMRA at $200.00 per day, which equals $1,200.00.

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:

	a.  showing he was authorized 6 days PDMRA for deployment to Iraq from 22 August 2006 through 12 August 2007; and 

   b.  paying him for 6 days of PDMRA.



____________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)                                         AR20130006951





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ABCMR Record of Proceedings (cont)                                         AR20130006951



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