RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 January 2008
	DOCKET NUMBER:  AR20070011436 


	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. Curtis L. Greenway

Chairperson

Mr. Joe R. Schroeder

Member

Mr. Qawiy A. Sabree 

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. 12301(d)) for any days in excess of 730. 

3.  The applicant provides a copy of his AIP packet and sixteen Defense Finance and Accounting Service Military Leave and Earnings Statements (LES) 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 is assigned to the 402nd Civil Affairs Battalion based in Tonawanda, New York.

2.  Headquarters, 90th Regional Support Command, North Little Rock, Arkansas Orders Number M-010-0002, dated 10 January 2003, shows that the applicant was ordered to active duty as a member of his Reserve Component unit in support of Operation Enduring Freedom under the provisions of 10 U.S.C 12302 for a period of 270 days.

3.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 18 October 2003, shows the applicant served on active duty for the period 9 January 2003 through 18 October 2003.  Item 18 (Remarks) shows the applicant served in Bosnia and Germany 23 January 2003 through 
17 September 2003 during this mobilization in support of Operation Enduring Freedom under the provisions of 10 U.S.C 12302.

4.  Headquarters, 90th Regional Support Command, North Little Rock, Arkansas Orders Number 04-040-00002, dated 9 February 2004, shows that the applicant was ordered to active duty as a member of his Reserve Component unit in support of Operation Iraqi Freedom under the provisions of 10 U.S.C 12302 for a period of 365 days.  Headquarters, 90th Regional Support Command, North Little Rock, Arkansas Orders Number 04-040-00029, also dated 9 February 2004, amended this Order to read in support of Operation Enduring Freedom.

5.  Headquarters, United States Army Medical Department Center and School and Fort Sam Houston, Fort Sam Houston, Texas Orders Number 128-859, dated 7 May 2004, shows that the applicant was deployed to Afghanistan in support of Operation Enduring Freedom for a period not to exceed 365 days.  Headquarters, United States Army Medical Department Center and School and Fort Sam Houston, Fort Sam Houston, Texas Orders Number 141-859, dated 
20 May 2004, amended this Order to read for a period not to exceed 545 days

6.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 5 June 2005, shows the applicant served on active duty for the period 13 March 2004 through 5 June 2005.  Item 18 (Remarks) shows the applicant served in Afghanistan 10 May 2004 through 6 May 2005 during this mobilization in support of Operation Enduring Freedom under the provisions of 10 U.S.C 12302.

7.  United States Army Civil Affairs and Psychological Operations Command, Fort Bragg, North Carolina Orders Number 06-019-00122, dated 
19 January 2006, shows that the applicant was ordered to active duty as a member of his Reserve Component unit in support of Operation Iraqi Freedom under the provisions of 10 U.S.C 12302 for a period of 545 days.

8.  Headquarters, United States Army Special Operations Command, Fort Bragg, North Carolina Orders Number R108-735, dated 18 April 2006, shows that the applicant was deployed to Iraq in support of Operation Iraqi Freedom for a period of 365 days.  

9.  The applicant's records contain a memorandum, dated 25 July 2006, that shows he volunteered to extend his current tour of duty in support of Operation Iraqi Freedom.

10.  The applicant's records contain two DA Forms 4187 (Personnel Action) which show that he acknowledged and accepted reassignments during the COTTAD period commencing 26 May 2007 through the end of his deployment.  These forms further show 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.  United States Army Civil Affairs and Psychological Operations Command, Fort Bragg, North Carolina Orders Number 06-324-00002, dated 20 November 2006, revoked United States Army Civil Affairs and Psychological Operations Command, Fort Bragg, North Carolina Orders Number 06-019-00122, dated 
19 January 2006, showing that the applicant was ordered to active duty as a member of his Reserve Component unit in support of Operation Iraqi Freedom under the provisions of 10 U.S.C 12302 for a period of 545 days.

12.  United States Army Civil Affairs and Psychological Operations Command, Fort Bragg, North Carolina Memorandum, dated 27 November 2006, shows that the G1 requested, in effect, the publishing of backdated COTTAD orders showing that the applicant was ordered to active duty as a member of his Reserve Component unit in support of Operation Iraqi Freedom under the provisions of 10 U.S.C 12301 for a period of 545 days commencing 28 February 2006.  Headquarters, United States Army Special Operations Command, Fort Bragg, North Carolina Memorandum, dated 26 January 2007, shows that the G3 recommended approval of the request for issuance of COTTAD orders.

13.  United States Army Civil Affairs and Psychological Operations Command, Fort Bragg, North Carolina Orders Number 07-017-00005, dated 
17 January 2007, shows that the applicant was ordered to active duty as a member of his Reserve Component unit in support of Operation Iraqi Freedom under the provisions of 10 U.S.C 12302 for a period of 545 days commencing 
28 February 2006.

14.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 16 June 2007, shows the applicant served on active duty for the period 28 February 2006 through 16 June 2007.  Item 18 (Remarks) shows the applicant served in Iraq 26 April 2006 through 17 April 2007 during this mobilization in support of Operation Enduring Freedom under the provisions of 10 U.S.C 12302.

15.  Department of the Army, US Army Human Resources Command Orders Number A-06-714652, dated 25 June 2007, shows that the applicant was ordered to active duty under the provisions of 10 U.S.C. 12301(d) in support of Operation Iraqi Freedom on 28 February 2006 for a period of one year, five months, and 545 days.


16.  An advisory opinion was obtained from the Chief, Compensation and Entitlements Division of the Army G-1.  The Chief, Compensation and Entitlements Division recommended that the application be approved.

17.  The Chief, Compensation and Entitlements 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.

18.  It was further opined that the applicant was involuntarily mobilized during the period 9 January 2003 through 18 October 2003 and again 13 March 2004 through 5 June 2005 for a total of 733 days.  The applicant was inadvertently involuntarily mobilized during the period 28 February 2006 through 
26 August 2007 under the provision of 10 U.S.C. 12301 and these orders were corrected to COTTAD orders.  The Chief, Compensation and Entitlements Division continued that the applicant was voluntarily mobilized under the provision of 10 U.S.C. 12301(d) during the period 28 February 2006 through 
26 August 2007.  The Chief, Compensation and Entitlements Division concluded that applicant's voluntary mobilization orders commencing on 28 February 2006 were administratively accurate. 

19.  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).

20.  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.


21.  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 be with merit.


2.  Evidence shows that the applicant was involuntarily mobilized for 733 days during the periods 9 January 2003 through 18 October 2003 and 13 March 2004 through 5 June 2005.  Based on applicable law and regulation the applicant is only authorized to be involuntarily mobilized for a total of 730 days.

3.  Evidence shows the applicant's orders were previously amended to show that he was involuntarily mobilized under the provisions of 10 U.S.C. 12302 during the periods 9 January 2003 through 18 October 2003 and 13 March 2004 through 5 June 2005 and voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 28 February 2006 through 16 June 2007.  Therefore, it would be inappropriate to further amend the applicant's orders.  However, his DD Form 214 for the period ending 16 June 2007 should be corrected.

4.  As a result of the field initiated administrative correction to the record, 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 26 April 2006 through 17 April 2007 and continue if entitled, any additional periods of voluntary mobilization on COTTAD orders after his release from his current mobilization in support of an authorized boots on ground program.

BOARD VOTE:

_CLG___  __JRS___  _QAS___  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:

	a.  the applicant's DD Form 214 for the period 28 February 2006 to 
16 June 2007 be corrected to show he was voluntarily mobilized in support of Operation Iraqi Freedom under the provisions of 10 U.S.C. 12301(d); and

	b.  that 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).




__Curtis L. Greenway___
          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.