RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 November 2007
	DOCKET NUMBER:  AR20070008484 


	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. Antoinette Farley

Analyst


The following members, a quorum, were present:


Mr. Eric N. Andersen

Chairperson

Mr. Donald L. Lewy

Member

Ms. Rea M. 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 amendment of his Contingency of Operation Temporary Tour of 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's record shows that he is currently serving in the Arizona Army National Guard.

2.  Block 18 (Remarks) of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) with an end date of 12 January 2005, shows the applicant completed the period of service for which he was ordered to active duty under the provisions of 10 U.S.C. 12302 in support of Operation Enduring Freedom.

3.  Department of the Army, U.S. Army Human Resources Command Orders Number A-01-500869, dated 12 January 2005, 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 5 January 2005 for a period not to exceed 179 days. 

4.  Department of the Army, U.S. Army Human Resources Command Orders Number A-01-500869A01, dated 13 January 2005, amended Orders Number 
A-01-500869 to show the report date as 21 January 2005.

5.  Department of the Army, U.S. Army Human Resources Command Orders Number A-07-516147, dated 29 Jul 2005, show that the applicant was ordered to active duty under the provisions of 10 U.S.C. 12302 in support of Operation Noble Eagle on 19 July 2005 for a period not to exceed 208 days.  


6.  Department of the Army, U.S. Army Human Resources Command Orders Number A-02-603290, dated 9 February 2006, 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 12 February 2006 for a period not to exceed 150 days.  

7.  Department of the Army, U.S. Army Human Resources Command Orders Number A-04-609985, dated 26 April 2006, 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 12 July 2006 for a period not to exceed 447 days.  

8.  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.  

9.  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.

10.  It was further opined that the applicant was involuntarily mobilized during the periods 30 January 2003 through 12 January 2005 and that the applicant volunteered for another mobilization and was mobilized on 12301(d) COTTAD orders with a report date of 21 January 2005.  The Chief, Personnel Policy and Readiness Division continued that the applicant should have been placed on 10 U.S.C. 12302 orders during the period 21 January 2005 through 5 February 2005 to complete 730 days of involuntary mobilization.  The Chief, Personnel Policy and Readiness Division concluded that applicant's voluntary mobilization orders should have commenced on 6 February 2005. 

11.  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).


12.  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.

13.  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 during the period 30 January 2003 through 12 January 2005.  His second mobilization commenced on 21 January 2005.  As a result his second mobilization should have been for the period 21 January 2005 through 5 February 2005 to complete 730 days of involuntary mobilization under the provisions of 10 U.S.C. 12302.  Additionally his voluntary COTTAD orders should have commenced on 6 February 2005 and continued through his 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 21 January 2005 through 5 February 2005 and voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) on 6 February 2005 through 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 6 February 2005 through his release from active duty.

BOARD VOTE:

_ENA___  __DLL___  _RMN___  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 periods 21 January 2005 through 5 February 2005; 

	b.  he was voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) on 6 February 2005 through the date of his release from active duty in support of Operation Iraqi 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).




_____Eric N. Andersen__
          CHAIRPERSON





 

INDEX

CASE ID
AR20078484
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.