RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 March 2008
	DOCKET NUMBER:  AR20070005866 


	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. Richard T. Dunbar

Chairperson

Mr. Gerald J. Purcell

Member

Ms. Rea N. Nuppenau

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, in effect, amendment of his Contingency of Operation Temporary Tour of Active Duty (COTTAD) Orders, correction of his DD Form 
214 (Certificate of Release or Discharge from Active Duty), 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.  The applicant continues that he was mobilized as a reservist from 3 March 2003 through 13 June 2004 then placed on medical hold from 14 June 2004 through 8 June 2006.  He contends that he is not receiving AIP because his DD Form 214 does not show the correct dates and codes.

3.  The applicant provides a copy of his DD Form 214 and four orders 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 Detachment, 678th Personnel Services Battalion based in Nashville, Tennessee.

2.  Headquarters, 3rd Personnel Command, Jackson, Mississippi Orders M-058-0001, dated 27 February 2003, show the applicant was ordered to active duty under the provisions of 10 U.S.C. 12302 in support of Operation Enduring Freedom on 3 March 2003 period not to exceed 365 days.

3.  Headquarters, United States Army Armor Center and Fort Knox, Fort Knox, Kentucky Orders 105-0202, dated 14 April 2004, released the applicant from active duty effective 20 May 2004.

4.  Headquarters, United States Army Armor Center and Fort Knox, Fort Knox, Kentucky Orders 145-0199, dated 24 May 2004, revoked Orders 105-0202.


5.  Department of the Army, United States Army Human Resources Command, Alexandria, Virginia Orders A-06-405579, dated 14 June 2004, retained the applicant on active duty under the provisions of 10 U.S.C 12301(d) to voluntarily participate in the Reserve Component Medical Retention Processing Program for completion of medical care and treatment.  The order specified an active duty period of 179 days ending 9 December 2004.  The order further specified that the applicant was not to be counted as part of the Active Army end strength.

6.  Department of the Army, United States Army Human Resources Command, Alexandria, Virginia Orders A-06-405579A06, dated 3 May 2006, further amended Orders A-06-405579 to change the applicant's previously amended initial period of active duty from 716 days ending 30 May 2006 to an active duty period of 895 days ending 25 November 2006.

7.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 8 June 2006, shows that he was ordered to active duty under the provisions of 10 U.S.C 12302 in support of Enduring Freedom and served for the period of 3 March 2003 through 13 June 2004, a total of 469 days. During this period of active duty, he served in Kuwait and Iraq from 14 April 
2003 through 12 April 2004, a total of 365 days boots on the ground (BOG).  The form also shows the applicant served under the Reserve Component Medical Retention Processing Program in accordance with the provisions of 10 U.S.C. 12301(d) for the period of 14 June 2004 through 8 June 2006, a total of 
725 days.

8.  An advisory opinion, dated 3 December 2007, was obtained from the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff G-1, who opined that the applicant was not eligible to receive COTTAD AIP for the period he requested.

9.  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 BOG.

10.  The Chief, Compensation and Entitlements Division opined that the applicant did not exhaust 730 days of mobilization under 10 U.S.C. 12302 and volunteer to serve under 10 U.S.C. 12301(d) in order to complete 12 months BOG.  The applicant was called to active duty under the provisions of 10 U.S.C. 12302 for the period of 3 March 2003 through 13 June 2004, a total of 469 days and was in theater the period of 14 April 2003 through 12 April 2004, for a total of 365 days [12 months] BOG.  He was retained on active duty under the provisions of 10 U.S.C. 12301(d) for the purpose of completing medical holdover procedures.  Therefore, he did not exhaust 730 days mobilization under 10 U.S.C. 12302.

11.  The Chief, Compensation and Entitlements Division opined that placing the applicant on 10 U.S.C. 12301(d) status in order to complete medical holdover procedures does not make him eligible for AIP.

12.  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 8 January 2008, 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.  As of 11 March 2008, no rebuttal was received from the applicant.

13.  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).

14.  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 Deputy Chief of Staff G-1 approval prior to HRC-A publishing orders.

15.  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 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 469 days during the period of 3 March 
2003 through 13 June 2004 with 12 months BOG.

3.  The record also shows the applicant was voluntarily retained on active duty for the purpose of participating in the Reserve Component Medical Retention Processing Program under 10 U.S.C. 12301(d) for the period 14 June 2004 through 8 June 2006.  Therefore, he did not fulfill the minimum requirement of 730 days mobilization under 10 U.S.C. 12302 in order to be eligible for the AIP program.

4.  Department of the Army Personnel Policy Guidance states that COTTAD AIP policy applies to Soldiers in specific categories.  The applicant's retention on active duty in a medical holdover status does not meet the criteria for any of the six categories.

5.  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.

6.  Based on the foregoing, it would be inappropriate in this case to amend the applicant's records 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_RTD___  _RNN___  __GJP___  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.





_Richard T. Dunbar__
          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.