IN THE CASE OF:	  

	BOARD DATE:	  15 May 2008

	DOCKET NUMBER:  AR20080000287 


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 correction of 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 her records should be amended to show that she 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 she 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, and a request for exception to policy in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that she is a member of the United States Army Reserve assigned to the 56th Military Police Company based in Mesa, Arizona and is currently serving in Iraq.

2.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 16 June 2004, shows she was ordered to active duty under the provisions of 10 U.S.C. 12302 in support of Operation Enduring 

Freedom and Operation Iraqi Freedom and served for the period 21 January 2003 through 16 June 2004, a total of 513 days.  The DD Form 214 also shows the applicant served in Kuwait and Iraq for a period of eleven months and 7 days.

3.  On 19 January 2007, the Secretary of Defense signed a memorandum addressed to the Secretaries of the Military Departments, Chairman of the Joint Chiefs of Staff, and the Under Secretaries of Defense.  This memorandum shows, in pertinent part, that the Secretary of Defense stated that the planning objective for involuntary mobilization of National Guard and Reserve units will remain a one year mobilized to five years demobilized ratio.  He continued that today's global demands will require a number of selected National Guard and Reserve units to be remobilized sooner than this standard.  This memorandum also shows that he directed the establishment of a new program to compensate or incentivize individuals in both the active and Reserve components who are required to mobilize or deploy early or often, or to extend beyond the established rotation policy goals.

4.  Department of the Army Mobilization Order 1276-07 ONE/OEF/OIF (Operation Noble Eagle/Operation Enduring Freedom/Operation Iraqi Freedom), dated 23 April 2007, mobilized the 56th Military Police Company and involuntarily ordered unit personnel to active duty under the provisions of 10 U.S.C 
12302 effective 25 May 2007 for a period of 400 days.

5.  Headquarters, First United States Army, Forest Park, Georgia Permanent Orders 1A-07-117-023, dated 27 April 2007, ordered the 56th Military Police Company and its members to active duty in Support of OIF under the provisions of 10 U.S.C 12302 effective 25 May 2007 for a period of 400 days.

6.  63d Regional Readiness Command, Los Alamitos, California, Orders Number 
07-115-00001, dated 25 April 2007, shows that the applicant was involuntarily ordered to active duty as a member of the 56th Military Police Company under the provisions of Department of the Army Mobilization Order 1276-07 ONE/ OEF/ OIF (10 U.S.C 12302), dated 27 April 2007, in support of OIF on 25 May 2007 for a period of 400 days.

7.  On 15 June 2007, All Army Activities (ALARACT) Message 137/2007, in pertinent part, announced that the Army policy for authorizing AIP for Reserve Soldiers since 7 August 2004 was superseded by the new policy effective 15 June 2007.  The message also states that all AIP agreements entered prior to the effective date of this message will be honored.


8.  Headquarters, United States Army Fort Dix, New Jersey, Permanent Orders Number 236-003, dated 24 August 2007, deployed the applicant's unit in a Temporary Change of Station to the United States Central Command Area of Responsibility, effective 24 August 2007, for a period of 400 days from date of mobilization (25 May 2007 through 27 June 2008).

9.  The record shows that the applicant was involuntarily mobilized during the period 21 January 2003 through 16 June 2004, a total of 513 days.  The applicant was involuntarily mobilized once again for the period 25 May 
2007 through 27 June 2008, for an additional 400 days.  The applicant completed 730 cumulative days of mobilization under the provisions of 10 U.S.C. 12302 on 27 December 2007.

10.  56th Military Police Company, Combat Operations Base Speicher, Iraq, Memorandum, dated 1 November 2007, and addressed to the Army Review Boards Agency, Support Division, Saint Louis, Missouri, shows the unit commander requested an exception to the AIP program policy for a select group of his unit's Soldiers.  The commander states that the 56th Military Police Company was alerted on 27 April 2007, the unit's annual training orders began on 5 May 2007, and the unit's mobilization orders started 25 May 2007.  He continues that at the creation of the Soldier's mobilization orders, the Unit's Mobilization Officer was give guidance from their unit's higher headquarters (63rd Regional Readiness Command) that the COTTAD guidelines were changing and that the unit's Soldiers would no longer qualify for AIP based upon 24 cumulative months of involuntary mobilization and COTTAD request packets were no longer required; therefore, Soldiers were placed on mobilization orders without COTTAD extension orders.  The commander further states that when the 56th Military Police Company reached their mobilization site at Fort Dix, New Jersey on 28 May 2007 they asked for further clarification on the COTTAD policy and were advised that COTTAD extension orders were no longer necessary.  The commander adds that the unit arrived in theater on 28 August 2007.  He states that during the Finance in-process briefing, the unit was made aware of the AIP policy changes that were effective 15 June 2007.  The commander continues that the Unit Pay Administrator was advised that in order for the unit's eligible Soldiers to receive AIP payment, they would require COTTAD extension orders.  The commander concludes that due to no fault of the Soldiers or the unit, they were mobilized without the appropriate extension orders and requests an exception to policy to have the affected Soldiers' orders amended.

11.  On 22 January 2008, an advisory opinion was rendered by the Chief, Compensation and Entitlements Division of the Office of the Deputy Chief of Staff G-1.  The Chief, Compensation and Entitlements Division recommended that the application be denied.  He states that by statute (Title 10 United States Code, 12302), members of the Ready Reserve shall not be mobilized involuntarily in excess of 24 consecutive months.  He further states that prior to 19 January 2007, the Department of Defense was defining the mobilization as not in excess of 24 cumulative months.  The Chief, Compensation and Entitlements Division opined that based on the guidance from the Secretary of Defense in his memorandum dated 19 January 2007 and the new policy for authorizing AIP, Members of the 56th Military Police Company do not qualify for AIP.

12.  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 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).

13.  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.

14.  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 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.  Contrary to the advisory opinion rendered by Chief, Compensation and Entitlements Division; the applicant's contentions that her records should be amended to show that she completed 730 days of involuntary mobilization under the provisions 10 U.S.C. 12302 and that she was voluntarily mobilized under the provisions of 10 U.S.C. 12031(d) for any days in excess of 730 were carefully considered and determined to have merit.

2.  The Chief, Compensation and Entitlements Division opined that based on the guidance from the Secretary of Defense in his memorandum dated 19 January 2007 and the new policy for authorizing AIP; members of the applicant's unit are not eligible for AIP.  Although the Secretary of Defense directed the establishment of a new program to compensate or incentivize individuals in both the active and Reserve components who are required to mobilize or deploy early or often, or to extend beyond the established rotation policy goals on 19 January 2007; the new policy was not announced or effective until ALARACT Message 137/2007 was released on 15 June 2007, nearly a month after the applicant's individual mobilization.  Furthermore, the Secretary of Defense's memorandum does not contain any indication that he rescinded the policy pertaining to acknowledging 24 cumulative months of involuntary mobilization under the provisions 10 U.S.C. 12302 as qualifying for AIP.


3.  Evidence shows that the applicant was involuntarily mobilized for 913 days during the periods 21 January 2003 through 16 June 2004 and 25 May 
2007 through 27 June 2008.  Based on applicable law and regulation, in effect at the time of her mobilization, the applicant is only authorized to be involuntarily mobilized for a total of 730 days.  As a result her second involuntary mobilization should have ended on 27 December 2007.  Additionally, her initial voluntary COTTAD orders should have commenced on 28 December 2007 and continued through 27 June 2008 or the date of her release from active duty.

4.  Evidence shows the applicant's unit made a diligent effort to submit COTTAD requests for their eligible Soldiers prior to deployment, but was misinformed by personnel at both their higher headquarters and their mobilization site at Fort Dix, New Jersey.

5.  Based on the foregoing, it would be appropriate in this case to amend the applicant's records to show that she was involuntarily mobilized under the provisions of 10 U.S.C. 12302 during the periods 21 January 2003 through 16 June 2004 and 25 May 2007 through 27 December 2007 and voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 28 December 2007 through 27 June 2008 or the date of her release from active duty.

6.  Additionally, the applicant is entitled to payment of $1000.00 a month of AIP during the period that she 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 28 December 2007 through 27 June 2008 and if entitled, any additional periods of voluntary mobilization on COTTAD orders after 27 June 2008 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 17 June 2002 through 12 April 
2003 and 27 June 2005 through 30 August 2006; 

	b.  she was voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the periods 31 August 2006 through 11 December 2006 and 25 May 2007 through 27 June 2008, the date of her scheduled release from active duty in support of Operation Iraqi Freedom; and

	c.  she be paid all benefits associated with Assignment Incentive Pay during the period that she 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)                                         AR20080000287





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ABCMR Record of Proceedings (cont)                                         AR20080000287



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