RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 February 2008
	DOCKET NUMBER:  AR20070015529 


	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. Patrick H. McGann, Jr.  

Chairperson

Ms. Eloise C. Prendergast 

Member

Mr. Michael J. Flynn

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 Iowa Army National Guard.

2.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 October 2002, 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 1 November 2001 through 31 October 2002, a total of 365 days.

3.  Department of the Army, United States Army Human Resources Command, Saint Louis, Missouri Orders Number A-02-401779, dated 26 February 2004, show the applicant was ordered to active duty under the provisions of 10 U.S.C. 12301(d) in support of Operation Noble Eagle on 23 February 2004 for a period not to exceed 179 days.

4.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 19 August 2004, 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 23 February 2004 through 19 August 2004, a total of 179 days.


5.  DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 25 October 2007, amended the applicant's DD Form 214 for the period ending 19 August 2004.  Item 18 (Remarks) of the DD Form 214 as reads "ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION NOBLE EAGLE IAW 10 USC 12302" was corrected to read " ORDERED TO ACTIVE DUTY IN SUPPORT OF OPERATION NOBLE EAGLE IAW 10 USC 12301(D)."

6.  Headquarters Iowa National Guard, Office of the Adjutant General, Camp Dodge, Iowa Orders Number 086-530, dated 27 March 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 11 April 2006 for a period not to exceed 545 days.

7.  Headquarters Iowa National Guard, Office of the Adjutant General, Camp Dodge, Iowa Orders Number 291-585, dated 18 October 2007, amended Orders Number 086-530 to show the applicant was ordered to active duty for the period of 11 April 2006 through 4 October 2007.

8.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 October 2007, shows that he was ordered to active duty under the provisions of 10 U.S.C 12302 in support of Operation Iraqi Freedom and served for the period of 11 April 2006 through 4 October 2007, a total of 542 days.

9.  Joint Forces Headquarters - Iowa, Office of the Adjutant General, Camp Dodge, Iowa Memorandum, dated 14 January 2004, shows the applicant was approved for COTTAD status.  This indicates that he acknowledged and accepted reassignments during the COTTAD period commencing 11 April 2007 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.

10.  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.


11.  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.

12.  It was further opined that the applicant was involuntarily mobilized during the period 1 November 2001 through 31 October 2002 for 365 days in 10 U.S.C. 12302 status.  He was involuntarily mobilized a second time from 11 April 2006 through 4 October 2007 for 545 days bringing him to a total of 910 days under 12302 status.  The applicant had 365 of those days in a 10 U.S.C. 12302 status and the remaining 180 days were conducted under a COTTAD status, 10 U.S.C. 12301(d).  The Chief, Personnel Policy and Readiness Division continued that on his second mobilization, the applicant should have been placed on 12302 orders from 11 April 2006 through 10 April 2007 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 11 April 2007 and continued through the end of his deployment.

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 DCS 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 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 910 days during the periods 1 November 2001 through 31 October 2002 and 11 April 2006 through 4 October 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 10 April 2007.  Additionally, his voluntary COTTAD orders should have commenced on 11 April 2007 and continued through 4 October 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 1 November 2001 through 
31 October 2002 and 11 April 2006 through 10 April 2007 and voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 
11 April 2007 through 4 October 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 11 April 2007 through 4 October 2007 and, if entitled, any additional periods of voluntary mobilization on COTTAD orders after 5 October 2007 in support of an authorized boots on ground program.

BOARD VOTE:

_ECP___  __PHM___  _MJF___  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 1 November 2001 through 31 October 
2002 and 11 April 2006 through 10 April 2007; 

	b.  he was voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) 11 April 2007 through 4 October 2007, 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).




__Patrick H. McGann, Jr.  _
          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.