RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 December 2007
	DOCKET NUMBER:  AR20060015290 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Ms. Antoinette Farley

Analyst


The following members, a quorum, were present:


Mr. John N. Slone

Chairperson

Ms. Marla J. N. Troup

Member

Mr. Ray M. Thomas 

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests amendment of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect mobilization under the provisions of Title 10 United States Code (10 U.S.C. 12302) [involuntary mobilization] rather than 10 U.S.C. 12314 [involuntary mobilization Reserves - Kinds of Duty]. 

2.  The applicant states, in effect, that his records should be amended to show that he was involuntarily mobilized under the provisions of 10 U.S.C. 12302 [involuntary mobilization] rather than 10 U.S.C. 12314 [involuntary mobilization Reserves - Kinds of Duty] to reflect his mobilization time towards Contingency Operation Temporary Tours of Active Duty (COTTAD) and the Assignment Incentive Pay (AIP) Program.   

3.  The applicant provides a copy of his DD Form 214, and his mobilization orders, in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he is currently serving in the United States Army Reserve.

2.  Department of the Army, Headquarters, 9th Regional Readiness Command, Honolulu, Hawaii, Orders Number 03-365-00090, dated 31 December 2003, show that the applicant was ordered to active duty under the provisions of 10 U.S.C 12304 [involuntary] in support of Operation Enduring Freedom on 5 January 2004 for a period not to exceed 365 days.  

3.  Department of the Army, Headquarters, 9th Regional Readiness Command, Honolulu, Hawaii, Orders Number 03-338-00079, dated 3 December 2004, amended Orders Number 03-365-00090 to show the period the applicant was ordered to active duty would not exceed 730 days.  

4.  An advisory opinion was obtained from the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff G-1 recommending that the application be disapproved.

5.  Additionally, the advisory opined that the applicant's orders and his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 4 January 2006, which cites Title 10 U.S.C. 12301(d) and 12314 be amended to read "Ordered to Active duty in support of Enduring Freedom (other than Homeland) in accordance with Title 10 U.S.C. 12301(d) and 12304."
6.  Department of the Army Personnel Policy Guidance provides Selected Reserve and certain Individual Ready Reserve members; to be ordered to active duty other than during war or national emergency under the provisions of 
10 U.S.C. 12304:

	(a)  Authority.  Notwithstanding the provisions of section 12302 (a) or any other provision of law, when the President determines that it is necessary to augment the active forces for any operational mission or that it is necessary to provide assistance referred to in subsection (b), he may authorize the Secretary of Defense and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, without the consent of the members concerned, to order any unit, and any member not assigned to a unit organized to serve as a unit of the Selected Reserve (as defined in section 10143 (a) of this title), or any member in the Individual Ready Reserve mobilization category and designated as essential under regulations prescribed by the Secretary concerned, under their respective jurisdictions, to active duty for not more than 270 days. 

	(b)  Support for Responses to Certain Emergencies.  The authority under subsection (a) includes authority to order a unit or member to active duty to provide assistance in responding to an emergency involving: 

	(1)  a use or threatened use of a weapon of mass destruction; or 

	(2)  a terrorist attack or threatened terrorist attack in the United States that results, or could result, in significant loss of life or property. 

7.  Department of the Army Personnel Policy Guidance paragraph 10-3 provides that Reserve Component Soldiers who voluntarily request to serve beyond their 24-month mobilization authorized under the provisions of Title 10 of United States Code may request an extension under the policy guidance for Contingency Operation Temporary Tours of Active Duty (COTTAD).  Soldiers transitioning without a break in service will not go through REFRAD process until the end of their COTTAD.  Updated COTTAD procedures went into effect on 5 January 2006 to support the voluntary transition of Reserve Component Soldiers from Partial Mobilization under the provisions of 10 U.S.C. 12302 to voluntary COTTAD orders under the provisions of 10 U.S.C. 12301(d).




8.  Department of the Army Personnel Policy Guidance states that COTTAD request will not exceed 365 days at a time for Soldiers serving in CONUS locations and 545 days for Soldiers serving in OCONUS locations.  Soldiers supporting valid Global War on Terrorism requirements may request COTTAD orders totaling 1095 days.  Requests beyond authorized durations required DCS G-1 approval prior to HRC-A publishing orders.

9.  Department of the Army Personnel Policy Guidance states that the COTTAD policy applies to Soldiers in the following categories:
	
	Category 1:  Applies to Soldiers preparing for mobilization who do not have sufficient partial mobilization authority (Section 12302 Title 10 U.S.C.) remaining to complete required Boots On Ground (BOG) period with their units, and voluntarily request a COTTAD in order to complete 12 months BOG with their units (OCONUS-CENTCOM AOR).

	Category 2:  Applies to Soldiers mobilized under the provisions of section 12302 of Title 10 United States Code, partial mobilization, who are already deployed and request a COTTAD to complete 12 months BOG with their deployed unit.  COTTAD requests will not exceed the maximum number of days authorized under the mobilization order.

	Category 3:  Applies to Soldiers currently mobilized under the provisions of section 12302 of Title 10 United States Code, partial mobilization, executing a CONUS-based mission and who request a transition to COTTAD orders to fill a valid requirement.

	Category 4:  Applies to Soldiers mobilized under the provisions of section 12302 of Title 10 United States Code, partial mobilization, who are deployed OCONUS and who request a COTTAD in order to remain in theater to support another requirement after their unit redeploys.

	Category 5:  Applies to Soldiers currently on active duty under a COTTAD order and requests an extension of their current orders or is requesting to fill a new valid requirement.

	Category 6:  Applies to Soldiers who are not currently mobilized or on any type of active duty order and volunteer to fill a valid requirement under COTTAD.




DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his records should be amended to show that he was involuntary mobilization under the provisions 10 U.S.C. 12302 was carefully considered and determined to be without merit.

2.  Evidence shows that the applicant was involuntarily mobilized for 730 days during the period 5 January 2004 through 4 January 2006 under the provisions of 10 U.S.C. 12304.  Based on applicable law and regulation the applicant is not authorized to have his period of service changed to 10 U.S.C. 12302 in order for his time to be counted towards the AIP program.  Therefore, it would be inappropriate in this case to amend the applicant's records to show that he was involuntarily mobilized under the provisions of 10 U.S.C. 12302.  

3.  Evidence of record shows the applicant was involuntarily mobilized under the provisions of Title 10 U.S.C. 12301(d) and 12304 in support of Operation Enduring Freedom.  However, the applicant's separation documents show he was involuntarily mobilized under the provisions of Title 10 U.S.C. 12301(d) and 12314. The applicant's record clearly shows that a typographical error was made by transposing the Title 10 U.S.C. numbers from "12304" to "12314."  

4.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_JNS____  _TMR_ _  _MJNT___  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 determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by amending item 18 (Remarks) of DD Form 214, dated 4 January 2006, to show 12304 instead of 12314. 




_John N. Slone_
          CHAIRPERSON


INDEX

CASE ID
AR20060015290
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.