RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 November 2007
	DOCKET NUMBER:  AR20060016593 


	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

Mr. Rial D. Coleman

Analyst


The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. Lester Echols

Member

Mr. Jeffrey C. Redmann

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 Contingency of Operation Temporary Active Duty Orders (COTTAD) and payment of retroactive entitlements associated with Assignment Incentive Pay (AIP).  

2.  The applicant states, in effect, that his records should be amended to show that he completed 730 days of involuntary mobilization under the provisions of section 12302 of Title 10 United States Code (10 U.S.C. 12302) [involuntary mobilization] and that he was voluntarily mobilized under the provisions of section 12301(d) of Title 10 United States Code (10 U.S.C. 12031(d)) for any days in excess of 730. 

3.  The applicant provides a copy of his AIP packet in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving as a member of the Texas Army National Guard.

2.  State of Texas Adjutant General's Department, Austin, Texas Orders Number 279-122, dated 6 October 2001, show that the applicant was ordered to active duty under the provisions of 10 U.S.C 12302 in support of operations as prescribed in Executive Order Number 13223, dated 14 September 2001 on 
6 October 2001 for a period not to exceed 365 days.  

3.  State of Texas Adjutant General's Department, Austin, Texas Orders Number 071-013, dated 12 March 2003, show that the applicant was ordered to active duty on 15 March 2003 under the provisions of 10 U.S.C 12302 in support of Operation Enduring Freedom for a period not to exceed 365 days. 

4.  The applicant's record contains a DA Form 1058-R (Application for Active Duty for Training, Active Duty for Special Work, Temporary Tour of Active Duty, and Annual Training for Soldier of the Army National Guard and the U.S. Reserve) and a memorandum, both dated 5 November 2004 which show that he volunteered for and accepted a COTTAD period 254 days commencing 
26 September 2004.

5.  Texas Military Forces, Joint Forces Headquarters Adjutant General's Department Memorandum, Subject: Contingency Operation Temporary Tour of Active Duty in Support of Operation Iraqi Freedom III, dated 23 November 2004, granted permission for the applicant to be placed on COTTAD under the provisions of 10 U.S.C 12301(d).

6.  Texas Military Forces, Land Component Command, Austin, Texas Orders Number 337-314, dated 3 December 2003, show that the applicant was ordered to active duty under the provisions of 10 U.S.C. 12302 in support of Operation Iraqi Freedom on 14 December 2003 for a period not to exceed 545 days.  This order was subsequently amended by the same headquarters in Order Number 095-354, dated 5 April 2005, to reduce the total amount of days mobilized to 486.

7.  An advisory opinion was obtained from the Chief, Personnel Policy and Readiness Division of the National Guard Bureau.  The Chief, Personnel Policy and Readiness Division recommended that the application be approved.  

8.  The Chief, Personnel Policy and Readiness Division opined that based on the guidance from the Under Secretary of Defense and the President of the United States involuntary mobilization authorization, Reserve component Soldiers can only be involuntarily mobilized for 730 days in 10 U.S.C. 12302 status.

9.  It was further opined that the applicant was involuntarily mobilized during the period(s) 6 October 2001 through 21 September 2002 and 15 March 2003 through 8 July 2003 for a total of 467 days.  The applicant was remobilized for an additional deployment period of 14 December 2003 through 12 April 2005 for another 486 days.  All three of these mobilizations were under the provision of 
10 U.S.C. 12302.  The Chief, Personnel Policy and Readiness Division continued that the applicant was voluntarily mobilized under the provision of 10 U.S.C. 12301(d) during the period 2 September 2004 through 12 April 2005.  The Chief, Personnel Policy and Readiness Division concluded that applicant served 223 days in excess of 730 days allowed in an involuntary status and as a result his voluntary mobilization orders should have commenced on 2 September 2004. 

10.  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).

11.  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.

12.  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 completed 730 days of involuntary mobilization under the provisions 10 U.S.C. 12302 and that he was voluntarily mobilized under the provisions of 10 U.S.C. 12031(d)) for any days in excess of 730 was carefully considered and determined to have merit.

2.  Evidence shows that the applicant was involuntarily mobilized for 1254 days during the periods 6 October 2001 through 21 September 2002, 15 March 2003 through 8 July 2003, and 14 December 2003 through 12 April 2005.  Based on applicable law and regulation the applicant is only authorized to be involuntarily mobilized for a total of 730 days.  As a result his third involuntary mobilization should have ended on 1 September 2004.  Additionally his voluntary COTTAD orders should have commenced on 2 September 2004 and continued through 
12 April 2005 or otherwise release from active duty.

3.  Based on the foregoing, it would be appropriate 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 during the period 14 December 2003 through 
1 September 2004 and voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 2 September 2004 through 12 April 2005 or his release from active duty.

4.  Additionally, the applicant is entitled to payment of $1000.00 a month of AIP during the period that he was voluntarily serving under the provisions of 10 U.S.C. 12301(d).  As a result it would be appropriate that the Defense Finance and Accounting Department pay the applicant all AIP benefits entitled during the period 2 September 2004 through 12 April 2005 or otherwise release from active duty.

BOARD VOTE:

__JEA __  __LE  ___  __JCR__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that:

	a.  the applicant was involuntarily mobilized under the provisions of 10 U.S.C. 12302 on 14 December 2003 through 1 September 2004 or his release from active duty; 

	b.  was voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 2 September 2004 through 12 April 2005 or his release from active duty in support of Operation Enduring Freedom; and 

	c.  paid all benefits associated with Assignment Incentive Pay during the period that he was voluntarily mobilized under 10 U.S.C. 12301(d).





_____James E. Anderholm___
          CHAIRPERSON




INDEX

CASE ID
AR
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.