RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 January 2008
	DOCKET NUMBER:  AR20070002192 


	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 a member of the United States Army Reserve and he is assigned to Headquarters and Headquarters Battery, 17th Field Artillery Brigade based at Fort Sill, Oklahoma.

2.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 25 January 2005, shows the he was ordered to active duty under the provisions of 10 U.S.C 12302 in support of Operation Iraqi Freedom and served for the period of 7 December 2003 through 
25 January 2005, a total of 416 days.  During this period of active duty, he served in Iraq from 7 January 2004 to 17 December 2004, a total of 346 days.

3.  Department of the Army, US Army Human Resources Command Orders Number A-11-524894, dated 30 November 2005, show the applicant was ordered to active duty under the provisions of 10 U.S.C. 12301(d) COTTAD in support of Operation Iraqi Freedom on 10 September 2005 for a period not to exceed 365 days.

4.  Department of the Army, US Army Human Resources Command Orders Number A-11-524894A01, dated 2 December 2005, amended Orders Number 
A-11-524894 to show the report date as 16 December 2005.  This Order also amended the ending date to 15 December 2006.


5.  Headquarters, United States Army Garrison, Fort Sill, Oklahoma Orders Number 010-300-6-2, dated 10 January 2006, show that the applicant was deployed to Iraq in support of Operation Iraqi Freedom with a proceed date of 
15 January 2006 for a period not to exceed 365 days.

6.  The applicant's records contain an unsigned and undated DA Form 4187 (Personnel Action) which indicates that he acknowledged and accepted reassignments during the COTTAD period commencing 26 October 2006 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.

7.  An advisory opinion, dated 10 July 2007, was obtained from the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff G-1. who opined that the applicant provided insufficient information to make a recommendation.  It was further opined that the applicant needed to validate that he exhausted 730 days of mobilization under 10 U.S.C. 12302 and served under 10 U.S.C. 12301(d).  He has not provided a DD Form 214 showing number of days under mobilization beyond the period of 7 December 2003 through 
25 January 2005, a total of 416 days.

8.  In compliance with 10 U.S.C. 1556 - Ex parte communications statute, Department of the Army, Army Review Boards Agency, Case Management Division, Arlington, Virginia letter, dated 13 July 2007, informed the applicant that his case was being placed on hold for 20 days to afford him an opportunity to submit a rebuttal to the advisory opinion rendered by the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff G-1.  A copy of the advisory opinion was enclosed with the letter.

9.  Department of the Army, Board for Correction of Military Records (ABCMR), Arlington, Virginia letter, dated 24 August 2007, informed the applicant that his application was being returned without action.  The letter stated, in effect, the catalyst for this action was the applicant's failure to provide sufficient evidence that he had exhausted 730 days of mobilization under 10 U.S.C. 12302 and served under 10 U.S.C. 12301(d) within the twenty-day suspense.


10.  In response to the aforementioned letter from the ABCMR, the applicant provided copies of his previously mentioned orders, dated 30 November 2005, showing that he was ordered to active duty under the provisions of 10 U.S.C. 12301(d) COTTAD in support of Operation Iraqi Freedom.  However, once again, he failed to provide documentary evidence showing the number of days that he actually served under mobilization beyond the period of 7 December 2003 through 25 January 2005.

11.  A second advisory opinion, dated 20 December 2007, was obtained from the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff G-1 who recommended that the application be disapproved.

12.  The Chief, Compensation and Entitlements Division opined that the AIP program for Reserve Component members was designed to provide Reservists who had exhausted their mobilization clock under 10 U.S.C. 12302 (730 days) an incentive to volunteer to continue to serve under 10 U.S.C. 12301(d) in order to complete their 12 months boots on the ground.

13.  The Chief, Compensation and Entitlements Division, once again, opined that the applicant had provided insufficient information to support his request.  It was further opined that the applicant needed to validate that he exhausted 730 days of mobilization under 10 U.S.C. 12302 and served under 10 U.S.C. 12301(d).  The applicant provided a DD Form 214 validating service for 416 days mobilization under 10 U.S.C. 12302.  The orders he provided showed he was mobilized under 10 U.S.C. 12301(d).  Therefore, he did not exhaust 730 days mobilization under 10 U.S.C. 12302.

14.  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).


15.  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.

16.  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 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 was carefully considered and determined to be without merit.

2.  Evidence of record shows that the applicant was involuntarily mobilized and served under 10 U.S.C. 12302 for 416 days during the period of 7 December 2003 through 25 January 2005 with 11 months BOG.  The record also shows the applicant was voluntarily mobilized under 10 U.S.C. 12301(d) on 16 December 2005 for a period not to exceed 365 days.  However, there is no documentary evidence showing the number of days that he actually served under mobilization beyond the period ending 25 January 2005.  Therefore, it cannot be determined that he fulfilled the minimum requirements of 730 days mobilization under 
10 U.S.C. 12302 and 12 months BOG in order to be eligible for the AIP program.

3.  Based on applicable law and regulation the applicant is not authorized to participate in the AIP program unless it can be verified that he has fulfilled the minimum requirements of serving at least 730 days mobilization under 10 U.S.C. 12302 with 12 months BOG.

4.  Based on the foregoing, 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 during the period beginning 16 December 2005 through his release from active duty.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_JEV____  _TMR __  _JCR____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

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.





__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.