IN THE CASE OF:	  

		BOARD DATE:	  13 August 2008

		DOCKET NUMBER:  AR20080002327 


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, amendment of her mobilization orders, issuance of Contingency 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 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 copies of her orders to active duty, DD Forms 214 (Certificate of Release or Discharge from Active Duty), and COTTAD volunteer packet as additional documentary evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that she is currently a member of the Illinois Army National Guard assigned to the 317th Engineer Company based in South Kankakee, Illinois.


2.  The applicant's DD Form 214 for the period ending 7 March 2005, shows she was voluntarily ordered to active duty under the provisions of 10 U.S.C. 12302 in support of Operation Iraqi Freedom and served for the period 7 December 2003 through 7 March 2005, a total of 457 days.  This DD Form 214 also shows the applicant served in Kuwait for the period 8 February 2004 through 3 February 2005, a total 362 days boots on ground (BOG).

3.  Department of Military Affairs, State of Illinois, Springfield, Illinois, Orders 117-118, dated 27 April 2006, show that the applicant was involuntarily ordered to active duty with the consent of the Governor and pursuant to Presidential Executive Order 13223 (Under the provisions of 10 U.S.C. 12302) in support of Operation Iraqi Freedom on 23 June 2006 for a period not to exceed 545 days.

4.  The applicant's records contain a COTTAD volunteer packet which shows that she acknowledged and accepted reassignments in a COTTAD status through the end of her mobilization.

5.  The applicant's DD Form 214 for the period ending 16 November 2007, shows she 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 23 June 2006 through 16 November 2007, a total of 512 days.  This DD Form 214 also shows the applicant served in Kuwait and Iraq for the period 14 September 2006 through 10 September 2007, for a total of 362 days BOG.

6.  The record shows that the applicant was involuntarily mobilized during the period 7 December 2003 through 7 March 2005, a total of 457 days.  The applicant was involuntarily mobilized once again for the period 23 June 2006 through 16 November 2007, a total of 512 days; bringing her to a grand total of 969 days of involuntary mobilization.  The applicant completed 730 cumulative days of involuntary mobilization under the provisions of 10 U.S.C. 12302 on 22 March 2007.

7.  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.

8.  The Chief, Personnel Policy and Readiness Division acknowledged that the applicant was involuntarily mobilized in 10 U.S.C. 12302 status during the periods 7 December 2003 through 7 March 2005 (457 days) and 23 June 2006 through 16 November 2007 (512 days) for a combined total of 969 days.  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.  It was also opined that the applicant's second involuntary mobilization should have been for a period of 273 days commencing 23 June 2006 to complete 730 days in 12302 status.  It was further opined that the applicant's initial 12301(d) COTTAD order should have commenced on the 731st day and continued through 16 November 2007 for a total of 239 days of AIP eligibility status.

9.  Department of the Army Personnel Policy Guidance, in effect at the time of the applicant's service, 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 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 her records should be amended to show that she completed 730 days of involuntary mobilization under the provisions 10 U.S.C. 12302, that she was voluntarily mobilized under the provisions of 10 U.S.C. 12031(d) for any days in excess of 730, and that she is entitled to payment of retroactive entitlements associated with AIP were carefully considered and determined to have merit.

2.  Evidence shows that the applicant was involuntarily mobilized for 969 days during the periods 7 December 2003 through 7 March 2005 and 23 June 2006 through 16 November 2007.  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.  Notwithstanding the advisory opinion, her second involuntary mobilization should have ended on 22 March 2007.  Additionally, her initial voluntary COTTAD orders should have commenced on 23 March 2007 and continued through 16 November 2007.

3.  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 7 December 2003 through 7 March 2005 and 23 June 2006 through 22 March 2007 and voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 23 March 2007 through 16 November 2007.


4.  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 23 March 2007 through 16 November 2007.

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 periods 7 December 2003 through 7 March 2005 and 23 June 2006 through 22 March 2007;

	b.  she was voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 23 March 2007 through 16 November 2007; 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)                                         AR20080002327





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ABCMR Record of Proceedings (cont)                                         AR20080002327



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