RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2008
	DOCKET NUMBER:  AR20080002871 


	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.




Director



Analyst

      The following members, a quorum, were present:




Chairperson



Member



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 a member of the United States Army Reserve currently serving with the Multi-National Security Task Force in Iraq.

2.  Department of the Army, United States Army Human Resources Command, Saint Louis, Missouri Orders Number M-11-200975, dated 22 November 2002, show the applicant was ordered to active duty under the provisions of 10 U.S.C. 12302 in support of Operation Enduring Freedom with a report date of no later than 29 January 2003 for a period not to exceed 365 days.

3.  Department of the Army, United States Army Human Resources Command, Saint Louis, Missouri Orders Number M-11-200975A01, dated 21 January 2003, amended Orders Number M-11-200975 to change the applicant's report date to no later than 12 February 2003 but no earlier than 10 February 2003.

4.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), shows that he was ordered to active duty under the provisions of 10 U.S.C 12304 [should read 12302] in support of Operation Enduring Freedom and served for the period of 11 February 2003 through 4 February 2004, a total of 359 days.  This DD Form 214 also shows the applicant served in Afghanistan for the period 20 March 2003 through 14 December 2003, a total of 270 days.


5.  Department of the Army, United States Army Human Resources Command, Saint Louis, Missouri Orders Number M-11-602712, dated 22 November 2006, show the applicant was ordered to active duty under the provisions of 10 U.S.C. 12302 in support of Operation Iraqi Freedom with a reporting date of no later than 14 January 2007 for a period not to exceed 545 days.  The order also  indicates the applicant should be released from active duty no later than 11 July 2008.

6.  Headquarters, 1st Infantry Division, Fort Riley, Kansas Orders Number 
106-640, dated 16 April 2007, show that the applicant was deployed to Iraq in support of Operation Iraqi Freedom with a proceed date of 17 April 2007 for a period not to exceed 365 days boots on ground (BOG).

7.  The applicant's records contain a DA Form 4187 (Personnel Action), dated 2 January 2008, which indicates that he acknowledged and accepted reassignments during the COTTAD period commencing 19 January 
2008 through 11 July 2008, the projected end of his mobilization.  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.

8.  The Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff G-1 previously opined that the AIP program for Reserve Component members was designed to provide Reservists who had exhausted their mobilization clock under 10 U.S.C. 12302 (730 days) an incentive to volunteer to continue to serve under 10 U.S.C. 12301(d) in order to complete their 12 months BOG.

9.  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).


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 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 904 days during the periods 11 February 2003 through 4 February 2004 and 14 January 2007 through 11 July 2008 under 12302 status.  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 18 January 2008.  Additionally, his voluntary COTTAD orders should have commenced on 19 January 2008 and continued through 11 July 2008.

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 11 February 2003 through 4 February 2004 and 14 January 2007 through 18 January 2008 and voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 
19 January 2008 through 11 July 2008.

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 19 January 2008 through 11 July 2008 and, if entitled, any additional periods of voluntary mobilization on COTTAD orders after 11 July 2008 in support of an authorized BOG 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 11 February 2003 through 4 February 
2004 and 14 January 2007 through 18 January 2008; 

	b.  he was voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 19 January 2008 through 11 July 2008, the projected 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).




               __.X _____
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080002871



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
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