BOARD DATE:	  13 May 2014

		DOCKET NUMBER:  AR20130013266 


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, in effect, authorization of 48 days of Post-Deployment Mobilization Respite Absence (PDMRA) based on his qualifying deployment/mobilization ending on December 2011.

2.  The applicant states:

	a.  He was told he was not eligible for PDMRA because he had not taken the leave he was eligible for during the last set of mobilization orders he was on which ended in December 2011.

	b.  He was never told he was eligible for PDMRA even though the rules specified that continental United States (CONUS) based Soldiers qualified.

	c.  He worked as the Assistance Executive Officer to the Commanding General, U.S. Army Forces Command during the period 20 February 2007 through 16 January 2012.  During this period, he did not out-process from one set of orders to the next and therefore he was not made aware that he was eligible for PDMRA even though he had earned the days.

	d.  Because of his duties, he could not have taken the days due to the optempo and nature of his job.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 January 2008
* email message from the U.S. Army Human Resources Command (HRC)
* Army National Guard (ARNG) PDMRA Calculator Sheet
* three sets of active duty orders 

CONSIDERATION OF EVIDENCE:

1.  A DD Form 214 shows the applicant served on active duty from 4 January 2005 to 3 January 2008.

2.  The applicant was released from his first mobilization period of active duty (REFRAD) on 2 January 2009, he was REFRAD from his second mobilization on 2 January 2011, and REFRAD from his third mobilization on 26 December 2011 while serving as a member of the U.S. Army Reserve (USAR).  He is currently serving on active duty in the rank of chief warrant officer 5 as a member of the USAR.

3.  An ARNG PDMRA Calculator Sheet shows he earned a total of 48 days of PDMRA.  

4.  His record is void of documentation indicating he requested and/or was denied the use of PDMRA during any of the mobilization periods in which it was earned.  

5.  In the processing of this case, and advisory opinion was obtained from the Compensation and Entitlements Division, Army G-1.  This office recommends denial of the applicant's request and states:

	a.  The applicant did not provide evidence to support his claim as to what he was advised or knew.

	b.  The applicant indicated he has been on mobilization orders since February 2007, which is one month after the January 2007 PDMRA program implementation date.  Consequently, it is difficult to understand that he was completely unaware of the program during his subsequent five years of active duty.

	c.  The applicant's mobilization order period of 3 January 2011 through 
26 December 2011 under the authority of Title 10, U.S. Code, section 12302 would be considered as a qualifying mobilization for PDMRA.  However, based on the 2007 PDMRA implementation policy guidance, Soldiers must use any earned PDMRA days at the conclusion of their mobilization order, extension of their current mobilization order or during permanent change of station travel between an old and new permanent duty stations (PDS).

	d.  Army PDMRA policy specifically states that Soldiers cannot rollover PDMRA days earned during one mobilization order period to a new mobilization order period or to a new PDS because PDMRA is considered a "pass" and there is no PDMRA tracking system available to manage PDMRA usage like we have for annual leave usage.

	e.  Because there is no tracking system, it is impossible to determine whether the applicant used earned PDMRA days during or after his mobilization period in 2011.

	f.  The applicant does not qualify for PDMRA cash reimbursement under the Gray Area II legislative authority which covers Soldiers who did not receive the correct number of PDMRA days due to the 1 October 2011 change in the PDMRA program.  He also does not qualify for cash reimbursement under the Government Error Legislative authority which covers Soldiers who did not receive the correct number of PDMRA days due to a Government calculation error.

6.  The advisory opinion was provided to the applicant for comments and/or a rebuttal.  No response was received.  

7.  He provides an email from HRC, dated 5 October 2012, in which he was informed that he had been identified by HRC as potentially being eligible for additional PDMRA days.

8.  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.  All Army Activities (ALARACT) Message 173/2007, dated August 2007, contained the Army’s PDMRA implementation guidance.  

9.  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.  

10.  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 ARNG to compensate them for too little dwell time at home between deployments.  PDMRA days are also available to Active Component 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.  

11.  The PPG also contains guidance on Reserve Component (RC) creditable mobilizations/deployments.  These include involuntary mobilization/deployments under Title 10, U.S. Code (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 in Iraq, Afghanistan, or Kuwait.  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 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 contention that 48 days of PDMRA should be authorized has been carefully considered.  However, the 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. 

2.  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. 

3.  Further, subsequent to the Army’s implementation of PDMRA guidance published on 18 August 2007, the policy has been well published on the PPG and in numerous documents published by the Army Deputy Chief of Staff, G-1, the National Guard Bureau and U.S. Army Reserve Command.  As a result, the applicant either was or should have been aware of the PDMRA program at the time the mobilization in question terminated.  Therefore, there is an insufficient evidentiary basis to support granting the requested relief. 

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.

ABCMR Record of Proceedings (cont)                                         AR20130013266



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ABCMR Record of Proceedings (cont)                                         AR20130013266



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