RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 January 2008
	DOCKET NUMBER:  AR20070002388

	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. Rial D. Coleman

Analyst


The following members, a quorum, were present:


Mr. Frank C. Jones, II

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Michael J. Flynn

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. 12304 [involuntary mobilization - Presidential Reserve Call-up]. 

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. 12304 [involuntary mobilization - Presidential Reserve Call-up] to reflect his mobilization time towards Contingency Operation Temporary Tours of Active Duty (COTTAD).  The applicant bases his request upon the fact that his unit of assignment was ordered to active federal duty under the provisions of 10 U.S.C. 12302.   

3.  The applicant provides a copy of his unit's mobilization orders, orders amending the mobilization orders, and his DD Form 214 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 and is assigned to Detachment 2, 81st Regional Support Command located in Birmingham, Alabama.

2.  Department of the Army Mobilization Orders Number 358-03 shows that the applicant's unit was ordered to active federal duty under the provisions of partial mobilization authority of 10 U.S.C 12302 in support of Contingency Operation Noble Eagle for an initial period not to exceed 365 days.  At a later date, Department of the Army Amendment Order Number 407-04 extended the period of mobilization for an additional 365 days for a total of 730 days.

3.  Headquarters, First United States Army Permanent Orders Number 089-3, dated 30 March 2003, shows that the applicant's unit was ordered to active federal duty under the authority of Department of the Army Mobilization Orders Number 358-03 (described above in paragraph 2) and the provisions of partial mobilization authority of 10 U.S.C 12302 in support of Contingency Operation Noble Eagle for an initial period of up to 365 days, but not to exceed twenty-four months.  The Orders further directed an arrival date of 21 April 2003 at Home Station and of 24 April 2003 at the Mobilization Station located at Fort Benning, Georgia. 
4.  Headquarters, 81st Regional Support Command, Birmingham, Alabama Orders Number M-098-0009, dated 8 April 2003, shows that the applicant was ordered to active duty as a member of his Reserve Component unit in support of Operation Noble Eagle for a period of 365 days.  The Orders further directed an arrival date of 21 April 2003 at his Home Station and of 24 April 2003 at the Mobilization Station located at Fort Benning, Georgia.  The authority for issuance of these orders was the aforementioned Headquarters, First United States Army Permanent Orders Number 089-3, dated 30 March 2003 (described above in paragraph 3).

5.  Headquarters, United States Infantry Center, Fort Benning, Georgia Orders Number 108-2218, dated 18 April 2005, shows the applicant was released from active duty and returned to his Home Station effective 19 April 2005.

6.  Item number 18 (Remarks) of the applicant's DD Form 214 for the active duty period of 21 April 2003 through 19 April 2005, indicates the applicant was ordered to active duty in support of Operation Noble Eagle in accordance with 
10 USC 12304.

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 ordered to active duty under the provisions of Title 10 U.S.C. 12302 rather than Title 10 U.S.C. 12304 was carefully considered and determined to have merit.


2.  Evidence shows that the applicant was involuntarily mobilized and ordered to active duty as a member of his Reserve Component unit in support of Operation Noble Eagle under the provisions of Title 10 U.S.C. 12302 for the period of 
21 April 2003 through 19 April 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 21 April 2003 through 
19 April 2005.

 BOARD VOTE:

__FCJ____  _MJF __  _LMD___  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 the applicant was involuntarily mobilized under the provisions of 10 U.S.C. 12302 during the period 21 April 2003 through 19 April 2005.




_Frank C. Jones, II__
          CHAIRPERSON





INDEX

CASE ID
AR20070003696
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.