IN THE CASE OF:	  

		BOARD DATE:	    22 July 2014

		DOCKET NUMBER:  AR20140007725 


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, the following:

* that the 24 days of Post-Deployment Mobilization Respite Absence (PDMRA) he was owed be added to his active duty time
* that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was released from active duty (REFRAD) on 7 January 2012
*  that he be granted pay and allowances for 24 days of leave,
24 retirement points, 24 days of Tri-care, and 24 days of TAMP (Transition Assistance Management Program) 

2.  The applicant states, in effect, that he elected to have his PDMRA added to his active duty time and his PDMRA was incorrectly calculated as being only 
1 day instead of 25 days which denied him additional active duty time, pay and allowances for 24 additional days of leave time, 24 retirement points, 24 days of Tri-care, and 24 days of TAMP benefits.  He continues by stating that in addition to the loss of those benefits he would be able to begin drawing his retired pay
90 days earlier because he would have served past 31 December 2011.  He further states that he received a $4,800 payment for his PDMRA and attempted to resolve the issue with officials at the U.S. Army Human Resources Command (HRC) who in turn referred the matter to the Army G-1.  G-1 implied that he was not entitled to have his PDMRA leave converted into additional active duty time. 


3.  The applicant provides copies of his DD Form 214, email from G-1, a memorandum from HRC notifying him of the error in the calculation of his PDMRA, his PDMRA calculations, and copies of his deployment and REFRAD orders with amendments.

CONSIDERATION OF EVIDENCE:

1.  The applicant was born in 1957 and was serving as a U.S. Army Reserve (USAR) colonel when he was ordered to active duty on 8 September 2010 in support of Operation Iraqi Freedom.  He deployed to Iraq during the period 
18 September 2010 through 18 September 2011.

2.  On 14 December 2011, he was honorably REFRAD and his PDMRA was calculated at 1 day.  He had served 1 year, 3 months, and 7 days of active service this period and was transferred to the USAR Control Group (Reinforcement).  On 1 October 2012, he was transferred to the Retired Reserve due to maximum years of authorized service.

3.  The applicant submitted a request for cash reimbursement of Gray Area 2 (GA2) and Government Error PDMRA.  On 28 December 2012, HRC notified him that his request had been disapproved; however, because of a government error in calculating his PDMRA entitlements he was entitled to reimbursement due to government error at a rate of $200.00 per day.

4.  On 25 June 2013, in response to the applicant’s request, officials at the Deputy Chief of Staff G-1 informed the applicant, in pertinent part, that the Army had made a PDMRA calculation error and legislation was specifically written to correct such errors.  However, government error legislation directs payment of $200.00 per day and does not provide authority to grant Soldiers with a government error a cash payment and additional active duty time.

5.  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 Message 173/2007, dated August 2007, contained the Army’s PDMRA implementation guidance. 

6.  The 2010 National Defense Authorization Act, 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.  

7.  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 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.  

8.  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 in Iraq, Afghanistan, or Kuwait.   

9.  PPG guidance on PDMRA usage states RC Soldiers may use accrued PDMRA during any authorized Rest and Recuperation 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 carry over or monetary compensation for PDMRA days not used during the mobilization/deployment in which they were earned.  

10.  Public Law 112-239, section 605, as approved in the Fiscal Year 2013 National Defense Authorization Act, provides in pertinent part in paragraph 1c (Payment in Lieu of Administrative Absence) that payment under subsection 
(a) shall be in lieu of administrative absence for each day of PDMRA in the amount of $200 per day when it is determined that due to government calculation error the service member did not receive all of the PDMRA days they were entitled.
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be granted service credit for the 
24 days of PDMRA that he was entitled to receive and did not receive due to government error has been noted and appears to lack merit.

2.  While it is not disputed that he was denied the benefit of 24 days of PDMRA in question, he was subsequently paid $4,800 for those days in accordance with the laws governing PDMRA errors resulting from government error. 

3.  While the pay does not give the applicant all of the benefits he is requesting, it is noted that there are no provisions for payment of unused PDMRA benefits and the applicant received compensation under the government error legislation that was enacted for cases such as the applicant’s.

4.  Additionally, there are no provisions for granting the applicant service credit for unused PDMRA entitlements and to do so would afford him a benefit not afforded many Soldiers who lost their unused PDMRA benefits because they were unable to use them during subsequent service or be reimbursed for that time. 

5.  Accordingly, there appears to be no basis to grant the applicant’s request.

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)                                         AR20140007725



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ABCMR Record of Proceedings (cont)                                         AR20140007725



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