RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  11 March 2008
	DOCKET NUMBER:  AR20070011439 


	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. Frank C. Jones, II

Chairperson

Ms. Carmen Duncan  

Member

Mr. Scott W. Faught

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 currently serving in the Ohio Army National Guard.

2.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 January 2005, shows that he was ordered to active duty under the provisions of 10 U.S.C 12302 in support of Operation Noble Eagle and served for the period of 30 January 2003 through 3 January 2005, a total of 705 days.

3.  Department of the Army, United States Army Human Resources Command, Alexandria, Virginia Orders Number A-03-606106, dated 13 March 2006, show the applicant was ordered to active duty under the provisions of 10 U.S.C. 12301(d) in support of Operation Enduring Freedom on 26 March 2006 for a period not to exceed 545 days.

4.  Department of the Army, United States Army Human Resources Command, Alexandria, Virginia Orders Number A-03-606106A03, dated 4 April 2007, amended Orders Number A-03-606106 to change the applicant's period of active duty from 545 days to 1 year, 5 months, 27 days. 


5.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 July 2007, shows that he was ordered to active duty under the provisions of 10 U.S.C 12302 in support of Operation Enduring Freedom and served for the period 26 March 2006 through 2 July 2007, a total of 464 days.  This DD Form 214 also shows the applicant served in Afghanistan for the period 6 June 2006 through 13 June 2007, a total of 373 days.

6.  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.

7.  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.

8.  It was further opined that the applicant was involuntarily mobilized during the period 30 January 2003 through 3 January 2005 for 705 days in 10 U.S.C. 
12302 status.  He was involuntarily mobilized a second time from 26 March 2006 through 2 July 2007 for 464 days.  The Chief, Personnel Policy and Readiness Division continued that on his second mobilization, the applicant should have been placed on 12302 orders from 26 March 2006 through 19 April 2006 to complete his 730 days of involuntary mobilization in 12302 status.  The Chief, Personnel Policy and Readiness Division concluded that applicant's voluntary mobilization orders under 12301(d) COTTAD status should have commenced on 20 April 2006 and continued through the end of his deployment.

9.  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).

10.  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.

11.  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 
10 U.S.C. 12302 and that he was voluntarily mobilized under the provisions of 10 U.S.C. 12301(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 for 1169 days during the periods 30 January 2003 through 3 January 2005 and 26 March 
2006 through 2 July 2007 under 12302 status.  Based on applicable law and regulation the applicant is only authorized to be involuntarily mobilized for a total of 730 days.  As a result his second involuntary mobilization should have ended on 19 April 2006.  Additionally, his voluntary COTTAD orders should have commenced on 20 April 2006 and continued through 2 July 2007.

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 periods 30 January 2003 through 
3 January 2005 and 26 March 2006 through 19 April 2006 and voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 
20 April 2006 through 2 July 2007.

4.  Additionally, the applicant is entitled to payment of $1000.00 per month of AIP during the periods 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 Service pay the applicant all AIP benefits entitled during the period 20 April 2006 through 2 July 2007 and, if entitled, any additional periods of voluntary mobilization on COTTAD orders after 2 July 2007 in support of an authorized boots on ground program.

BOARD VOTE:

_FCJ   __   __CD  _ _  _ SWF  _  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 30 January 2003 through 3 January 
2005 and 26 March 2006 through 19 April 2006; 

	b.  he was voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 20 April 2006 through 2 July 2007, the date of his release from active duty in support of Operation Enduring 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).




_Frank C. Jones, II _
          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.