RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 January 2008
	DOCKET NUMBER:  AR20070000393 


	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. Vick

Chairperson

Mr. Thomas M. Ray

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 Tour of Active Duty (COTTAD) Orders 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. 12301(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's record shows that he is currently serving in the California Army National Guard.

2.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 1 July 2003, shows that he was ordered to active duty under the provisions of 10 U.S.C 12302 in support of Operation Noble Eagle and served for the period of 3 September 2002 through 1 July 2003, a total of 302 days.

3.  State of Utah, Office of the Adjutant General, Orders Number 352-330, dated 18 December 2003, show that the applicant was ordered to active duty under the provisions of 10 U.S.C 12302 in support of Operation Enduring Freedom on 
2 January 2004 for a period not to exceed 365 days.

4.  State of Utah, Office of the Adjutant General, Orders Number 027-292, dated 27 January 2004, amended Orders Number 352-330 to show the period the applicant was ordered to active duty would not exceed 545 days.

5.  State of Utah, Office of the Adjutant General, Orders Number 351-239, dated 16 December 2004, further amended Orders Number 352-330 to show the mobilization end date as 3 March 2005.


6.  State of Utah, Office of the Adjutant General, Orders Number 045-294, dated 14 February 2005, further amended Orders Number 352-330 to show the mobilization end date as 1 March 2005.

7.  Department of the Army, US Army Human Resources Command Orders Number A-02-503812, dated 9 February 2005, show the applicant was ordered to active duty under the provisions of 10 U.S.C. 12301(d) in support of Operation Enduring Freedom on 2 March 2005 for a period not to exceed 87 days.

8.  State of California, Office of the Adjutant General, Orders Number 300-467, dated 27 October 2005, show that the applicant was ordered to active duty under the provisions of 10 U.S.C 12302 in support of Operation Enduring Freedom on 20 November 2005 for a period not to exceed 428 days.

9.  State of California, Office of the Adjutant General, Orders Number 325-355, dated 21 November 2005, amended Orders Number 300-467 to show the report to mobilization station date as 28 November 2005.

10.  The applicant's records contain a DA Form 4187 (Personnel Action) which shows that he acknowledged and accepted reassignments during the COTTAD period commencing 22 January 2007 through the end of his deployment.  This form further shows that he agreed to accept AIP in the amount of $1000.00 per month for each month of the extension that he served commencing with the completion of the 22nd cumulative month of mobilization under the provisions of 10 U.S.C. 12302.

11.  Department of the Army, US Army Human Resources Command Orders Number A-5-611119, dated 8 May 2006, show the applicant was ordered to active duty under the provisions of 10 U.S.C. 12301(d) in support of Operation Enduring Freedom on 22 January 2007 for a period not to exceed 132 days.

12.  Department of the Army, US Army Human Resources Command Orders Number A-5-611119A01, dated 4 August 2006, amended Orders Number 
A-5-611119 to show to show the report date as 20 November 2005.  This Order also amended the period of active duty to show 434 days.

13.  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.  


14.  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.

15.  It was further opined that the applicant was involuntarily mobilized during the period 3 September 2002 to 1 July 2003 for 302 days in 10 U.S.C. 12302 status.  He was mobilized a second time from 2 January 2004 to 14 May 2005 for a total of 499 days.  The applicant had 425 of those days in a 10 U.S.C. 12302 status and the remaining 74 days were conducted under a COTTAD status, 10 U.S.C. 12301(d).  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 5 March 2005 to 14 May 2005 for a total of 71 days.  The Chief, Personnel Policy and Readiness Division concluded that applicant's voluntary mobilization orders should have commenced on 5 March 2005, and that his third mobilization 20 November 2005 to 4 March 2007 should also have been conducted in COTTAD, 12301(d) status.

16.  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).

17.  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.


18.  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 of 10 U.S.C. 12302 and that he was voluntarily mobilized under the provisions of 10 U.S.C. 12301(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 801 days during the periods 3 September 2002 to 1 July 2003 and 2 January 2004 to 
14 May 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 second involuntary mobilization should have ended on 4 March 2005.  Additionally, his voluntary COTTAD orders should have commenced on 5 March 2005 and continued through 14 May 2005.

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 2 January 2004 through 
4 March 2005 and voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the periods 5 March 2005 through 14 May 2005, and 
20 November 2005 to 4 March 2007.

4.  Additionally, the applicant is entitled to payment of $1000.00 a month of AIP during the periods 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 periods 5 March 2005 through 14 May 2005 and 20 November 2005 to 4 March 2007 and if entitled, any additional periods of voluntary mobilization on COTTAD orders after 15 May 2005 in support of an authorized boots on ground program.

BOARD VOTE:

_JEV____  _TMR __  _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 during the period 2 January 2004 through 4 March 2005; 

	b.  he was voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the periods 5 March 2005 through 14 May 2005 and 
20 November 2005 to 4 March 2007, the date of his release from active duty in support of Operation Enduring Freedom; and

	c.  he be 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. Vick__
          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.