IN THE CASE OF:	  

		BOARD DATE:	  23 January 2014

		DOCKET NUMBER:  AR20130020107 


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 shadow area Post-Deployment/Mobilization Respite Absence (PDMRA).  

2.  The applicant states, in effect, that he was unaware and was not advised that he had extra leave during his demobilization and desires to be paid for the leave he earned.  

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), the denial memorandum from the U.S. Army Human Resources Command (HRC), PDMRA Calculator, mobilization orders, and DA Form 4187 (Personnel Action). 

CONSIDERATION OF EVIDENCE:

1.  The applicant was serving as a U.S. Army Reserve (USAR) lieutenant colonel as an Individual Mobilization Augmentee (IMA) when he was ordered to active duty in support of Operation Enduring Freedom on 1 May 2007 for duty at Fort Bragg, North Carolina for a period of 365 days.
 
2.  On 26 June 2008, he was issued his Notification of Eligibility for Retired Pay at Age 60 (20-Year letter).

3.  He continued to serve on active duty at Fort Bragg and received orders every year up to 1 February 2011 which extended his active duty up to 28 April 2012.

4.  On 28 April 2012, he was honorably released from active duty (REFRAD) to completion of required service.  He had served 4 years, 11 months, and 28 days of active service during his mobilization to Fort Bragg.

5.  On 6 October 2012, he submitted a Personnel Action request to be paid for PDMRA Shadow Area 2, also known as Gray Area 2 (GA2).

6.  On 2 April 2013, HRC disapproved his request for PDMRA under GA2 and opined that the applicant was not eligible for PDMRA benefits because the law governing PDMRA benefits required that a minimum of 50% of time be spent with boots on the ground in Afghanistan, Iraq, or Kuwait.  Additionally, PDMRA days are not allowed to be carried over to new mobilization orders as it is a use or lose benefit.  Furthermore, PDMRA must be used before separation and cannot be cashed out.

7.  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.  

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 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.  

11.  The PPG also contains guidance on Reserve Component (RC) creditable mobilizations/deployments. These include involuntary mobilization/deployment 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 the period of boots-on-the-ground (BOG) in Iraq, Afghanistan, or Kuwait.  

12.  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 contention that he should be paid for PDMRA because he was unaware that he had earned it has been noted and appears to lack merit.

2.  Although the applicant has not provided any evidence to show that he was unaware of or not properly counseled in regard to PDMRA, it does not appear that he was entitled to accrue PDMRA benefits during his deployment because he did not deploy to one of the areas designated for accrual of PDMRA benefits.

3.  Furthermore, 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 deployment/mobilization in question terminated.  
4.  In any event, PDMRA benefits are a use or lose benefit that cannot be carried over or cashed out.  Accordingly, there appears to be no basis to grant his request for cash payment of PDMRA benefits.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   _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)                                         AR20130020107





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ABCMR Record of Proceedings (cont)                                         AR20130020107



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