IN THE CASE OF:	  

	BOARD DATE:	  12 June 2008

	DOCKET NUMBER:  AR20070017950 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his record in the form of issuance of Contingency 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 orders to active duty, deployment orders, 
DD Forms 214 (Certificate of Release or Discharge from Active Duty), and a copy of his Congressional Inquiry in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he is a member of the Alabama Army National Guard.  He currently holds the rank of captain (CPT)/pay grade O-3 and military occupation specialty 12B (Armor Officer).


2.  The applicant's DD Form 214 for the period ending 18 June 2004 shows 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 1 August 2002 through 18 June 2004, a total of 688 days.

3.  United States Army Human Resources Command, Alexandria, Virginia, Orders A-04-608264, dated 7 April 2006, shows that the applicant was ordered to active duty for the purpose of providing COTTAD support of Operation Enduring Freedom under the provisions of 10 U.S.C. 12301(d) effective 4 April 2006 for a period of 503 days.

4.  United States Army Human Resources Command, Alexandria, Virginia, Orders A-04-608264A03, dated 4 April 2007, amended Orders A-04-608264, dated 7 April 2006, to show that the applicant was ordered to active duty for the purpose of providing Contingency Operation for Active Duty Operational Support (CO-ADOS) in support of Operation Enduring Freedom under the provisions of 10 U.S.C. 12301(d).  This order also amended the period of active duty to 1 year, 4 months, and 16 days including accumulated leave.

5.  The applicant's DD Form 214, for the period ending 3 June 2007, shows he was ordered to active duty under the provisions of in support of Operation Enduring Freedom and served for the period 4 April 2006 through 3 June 2007, a total of 426 days.  The DD Form 214 also shows the applicant served in Afghanistan for the period 13 May 2006 through 8 May 2007, a total of 361 days.

6.  The record shows that the applicant was mobilized during the periods 1 August 2002 through 18 June 2004 and 4 April 2006 through 3 June 2007, for a total of 1114 days.  The applicant completed 730 cumulative days of mobilization on 15 May 2006.

7.  The applicant provides a copy of a Congressional Inquiry pertaining to his case.  The packet includes:

	a.  An undated letter from the applicant addressed to a United States Congressman requesting his assistance with correcting his military record in order to receive retroactive payment of AIP.

	b.  A letter from the Chief of Congressional Inquiries, Departments of the Army and the Air Force National Guard Bureau, Arlington, Virginia, dated 21 September 2007, was prepared in response to the Congressman's inquiry on the applicant's behalf.  The Chief of Congressional Inquiries opines that the applicant served beyond the required 730 cumulative days in order to qualify for receipt of AIP.  The Chief of Congressional Inquiries acknowledges that an administrative error was made when the applicant's orders to active duty under the provisions of 10 U.S.C. 12301(d) were issued.  He continues that the applicant should have been placed on a 10 U.S.C. 12302 order from 4 April 2006 through 15 May 2006 to complete his 730 days of involuntary mobilization, and his 10 U.S.C. 12301(d) status should have started on 16 May 2006 and ended 3 June 2007, which would make him eligible for AIP.

8.  An advisory opinion was rendered by the Chief, Personnel Policy and Readiness Division of the Departments of the Army and the Air Force National Guard Bureau, Arlington, Virginia.  The Chief, Personnel Policy and Readiness Division acknowledges that an administrative error was made during the applicant's COTTAD processing and recommends that the application be approved.  

9.  The Chief, Personnel Policy and Readiness Division opined that the applicant conducted his initial mobilization in 10 U.S.C. 12302 status during the period 1 August 2002 through 18 June 2004, a total of 688 days.  He continues that the applicant was mobilized for a second time in 10 U.S.C. 12302 status for the period 4 April 2006 through 3 June 2007, a total of 426 days.  The Chief, Personnel Policy and Readiness Division adds that under Secretary of Defense guidance and the President of the United States' involuntary mobilization authorization, Reserve Component Soldiers can only be involuntarily mobilized for 730 days in 12302 status.  He concludes the applicant's second mobilization should have been under the authority of 10 U.S.C. 12302 for the period 4 April 2006 through 15 May 2006, a total of 42 days, in order to complete his 730 days of involuntary mobilization; and his 10 U.S.C. 12301(d) order should have commenced on 16 May 2006 and continued through 3 June 2007 for a total of 384 days of AIP.

10.  Department of the Army Personnel Policy Guidance, in effect at the time of the applicant's mobilization, paragraph 10-3 provides that Reserve Component Soldiers who voluntarily request to serve beyond their 24-month mobilization authorized under the provisions of 10 U.S.C. may request an extension under the policy guidance for 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).


11.  Department of the Army Personnel Policy Guidance, in effect at the time of the applicant's mobilization, 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.

12.  Department of the Army Personnel Policy Guidance, in effect at the time of the applicant's mobilization, 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 U.S.C., 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 were carefully considered and found to be with merit.

2.  Evidence shows that the applicant was mobilized during the periods 1 August 2002 through 18 June 2004 and 4 April 2006 through 3 June 2007, for a total of 1114 days.  Based on applicable law and regulation, in effect at the time of his mobilization, the applicant was only authorized to be involuntarily mobilized for a total of 730 days.  As a result his second involuntary mobilization should have ended on 15 May 2006.  Additionally, his voluntary COTTAD orders should have commenced on 16 May 2006 and continued through 3 June 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 August 2002 through 18 June 2004 and 4 April 2006 through 15 May 2006 and voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 16 May 2006 and continued through 3 June 2007.

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 Service pay the applicant all AIP benefits entitled during the period 16 May 2006 through 3 June 2007 and if entitled, any additional periods of voluntary mobilization on COTTAD orders after 3 June 2007 in support of an authorized boots on ground program.

BOARD VOTE:

___X____  __X____  ___X____  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 period periods 1 August 2002 through 18 June 2004 and 4 April 2006 through 15 May 2006; 

	b.  he was voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 16 May 2006 through 3 June 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).




      __________X____________
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
      


ABCMR Record of Proceedings (cont)                                         AR20070017950





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