II 112th CONGRESS 2d Session S. 2060 IN THE SENATE OF THE UNITED STATES February 1, 2012 Mr. Kohl (for himself and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To provide for the payment of a benefit to members eligible for participation in the Post-Deployment/Mobilization Respite Absence program for days of nonparticipation due to Government error.

1.

Short title

This Act may be cited as the Fair Military Leave Act.

2.

Payment of benefit for nonparticipation of eligible members in Post-Deployment/Mobilization Respite Absence program due to Government error

(a)

Payment of benefit

(1)

In general

The Secretary concerned shall, upon application therefor, make a payment to each individual described in paragraph (2) of $200 for each day of nonparticipation of such individual in the Post-Deployment/Mobilization Respite Absence program as described in that paragraph. (2)

Covered individuals

An individual described in this paragraph is an individual who— (A)was eligible for participation as a member of the Armed Forces in the Post-Deployment/Mobilization Respite Absence program; but (B)as determined by the Secretary concerned pursuant to an application for the correction of the military records of such individual pursuant to section 1552 of title 10, United States Code, did not participate in one or more days in the program for which the individual was so eligible due to Government error. (b)

Deceased individuals

(1)

Applications

If an individual otherwise covered by subsection (a) is deceased, the application required by that subsection shall be made by the individual's legal representative. (2)

Payment

If an individual to whom payment would be made under subsection (a) is deceased at time of payment, payment shall be made in the manner specified in section 1552(c)(2) of title 10, United States Code. (c)

Payment in lieu of administrative absence

Payment under subsection (a) with respect to a day described in that subsection shall be in lieu of any entitlement of the individual concerned to a day of administrative absence for such day. (d)

Construction

(1)

Construction with other pay

Any payment with respect to an individual under subsection (a) is in addition to any other pay provided by law. (2)

Construction of authority

It is the sense of Congress that— (A)the sole purpose of the authority in this section is to remedy administrative errors; and (B)the authority in this section is not intended to establish any entitlement in connection with the Post-Deployment/Mobilization Respite Absence program. (e)

Definitions

In this section, the terms Post-Deployment/Mobilization Respite Absence program and Secretary concerned have the meaning given such terms in section 604(f) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2350).