RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 January 2008
	DOCKET NUMBER:  AR20070012050 


	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:


Ms. Shirley L. Powell

Chairperson

Mr. Paul M. Smith  

Member

Mr. Larry C. Bergquist

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 Puerto Rico Army National Guard.

2.  Puerto Rico State Area Command, Army National Guard, San Juan, Puerto Rico Orders Number 047-148, dated 24 February 2003, 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 14 February 2003 for a period not to exceed 365 days.

3.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 15 January 2004, shows the he was ordered to active duty under the provisions of 10 U.S.C. 12302 in support of Operation Noble Eagle and Operation Enduring Freedom and served for the period of 14 February 2003 through 15 January 2004, a total of 336 days.

4.  Puerto Rico National Guard Element, Joint Forces Headquarters, San Juan, Puerto Rico Orders Number 235-109, dated 28 November 2005, 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 28 November 2005 for a period not to exceed 545 days.

5.  Puerto Rico National Guard Element, Joint Forces Headquarters, San Juan, Puerto Rico Orders Number 004-047, dated 4 January 2007, amended Orders Number 235-109 to show the period the applicant was ordered to active duty would not exceed 394 days.

6.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 19 April 2007, shows 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 of 28 November 2005 through 19 April 2007, a total of 508 days.

7.  The applicant's records contain a DA Form 4187 (Personnel Action) which shows that he acknowledged and accepted reassignments during the COTTAD period commencing 27 December 2006 through the end of his deployment.  This form further shows 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.

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 period 14 February 2003 through 15 January 2004 for 336 days in 10 U.S.C. 12302 status.  He was mobilized a second time from 28 November 2005 through 19 April 2007 for 508 days in 10 U.S.C. 12302 status.  The applicant had 394 of those days in a 10 U.S.C. 12032 status and the remaining 114 days were conducted under a COTTAD status, 10 U.S.C. 12301(d).  The Chief, Personnel Policy and Readiness Division continued that on the applicant's second mobilization, he should have been placed on 10 U.S.C. 12302 from 28 November 2005 through 26 December 2006 to complete his 730 days of mobilization in 
10 U.S.C. 12302 status.  The Chief, Personnel Policy and Readiness Division concluded the applicant should have been issued voluntary mobilization orders which commenced on 27 December 2006 and continued through 19 April 2007 for a total of 114 days in COTTAD, 12301(d) status.


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 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 were carefully considered and determined to have merit.

2.  Evidence shows that the applicant was involuntarily mobilized for 844 days during the periods 14 February 2003 through 15 January 2004 and 28 November 2005 through 19 April 2007.  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 
26 December 2006 to complete his 730 days of mobilization in 10 U.S.C. 12302 status.  Additionally, the applicant should have been issued voluntary mobilization orders which commenced on 27 December 2006 and continued through 19 April 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 period 28 November 2005 through 
26 December 2006 and voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 27 December 2006 through 19 April 2007.

4.  Additionally, the applicant is entitled to payment of $1000.00 a 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 Department pay the applicant all AIP benefits entitled during the period 27 December 2006 through 19 April 2007 and if entitled, any additional periods of voluntary mobilization on COTTAD orders after 20 April 2007 in support of an authorized boots on ground program.


BOARD VOTE:

_LCB___  _PMS____  _SLP___  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 14 February 2003 through 15 January 2004 and 28 November 2005 through 26 December 2006;

	b.  he was voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 27 December 2006 through 19 April 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).





__Shirley L. Powell___
          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.