IN THE CASE OF:	  

		BOARD DATE:	  17 July 2008

		DOCKET NUMBER:  AR20080002608 


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 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 188-089, dated 8 October 2002, 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 7 October 2002 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 5 September 2003, 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 7 October 2002 through 5 September 2003, a total of 334 days.

4.  Puerto Rico National Guard Element, Joint Forces Headquarters, San Juan, Puerto Rico Orders Number 148-017, dated 4 August 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 6 August 2005 for a period not to exceed 396 days.

5.  United States Army Human Resources Command, Alexandria, Virginia Orders Number A-08-620820, dated 8 August 2006, show that the applicant was ordered to active duty under the provisions of 10 U.S.C. 12301(d) in support of Operation Iraqi Freedom on 6 September 2006 for a period not to exceed 149 days.

6.  The applicant's DD Form 214, for the period ending 7 December 2007, shows 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 6 August 2006 through 7 December 2007, a total of 489 days.  This DD Form 214 also shows the applicant served in Iraq for the period of 29 October 2006 through 18 October 2007, a total of 354 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 7 July 2007 through the end of his deployment.  Another DA Form 4187 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 Division of the National Guard Bureau.  The Chief, Personnel Division recommended that the application be approved.

9.  The Chief, Personnel 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 further opined that the applicant's second involuntarily mobilization should have been for the period of 6 September 2006 through 5 September 2007 to complete 730 days in 12302 status.  It was concluded that the applicant's 12301(d) COTTAD order should have commenced on 6 September 2007 and continued through the end of his deployment.

10.  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).

11.  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.

12.  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 823 days during the periods 7 October 2002 through 5 September 2003 and 6 August 2006 through 7 December 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 5 September 2007 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 6 September 2007 and continued through 7 December 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 6 August 2006 through 5 September 2007 and voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 6 September 2007 and continued through 7 December 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 6 September 2007 through 7 December 2007 and if entitled, any additional periods of voluntary mobilization on COTTAD orders after 7 December 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 periods 7 October 2002 through 5 September 2003 and 6 August 2006 through 5 September 2007;

	b.  he was voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 6 September 2007 through 7 December 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)                                         AR20080002608





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ABCMR Record of Proceedings (cont)                                         AR20080002608



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