IN THE CASE OF:	

		BOARD DATE:	        28 August 2008 

		DOCKET NUMBER:  AR20080004053 


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 his DD Forms 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Air Force Achievement Medal, Overseas Service Ribbon, Global War on Terrorism Service Medal, and the Global War on Terrorism Expeditionary Medal.  He also requests correction of his DD Forms 214 to show his proper reserve obligation termination date, total prior active service, and total prior inactive service.  The applicant further 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 the other inaccuracies in his record are the result of administrative errors.  He continues 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 copies of two orders to active duty, three 
DD Forms 214, a DD Form 220 (Active Duty Report), and an Air Force Achievement Medal Certificate as additional documentary evidence 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 assigned to the New York City Recruiting Battalion based in New York, New York.

2.  DD Forms 4/1 and 4/2 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 2 December 1999 that shows he enlisted in the Army Reserve for a period of 8 years commencing 2 December 1999.

3.  Block 14 (Length of Tour) of the applicant's DD Form 220 for the period 22 June 2000 through 8 September 2000 shows he completed 79 days of active duty service.

4.  Block 6 (Reserve Obligation Termination Date) of the applicant's 
DD Form 214 for the period 16 July 2001 through 18 September 2001 shows his reserve obligation termination date as 1 December 2007.  Block 12c (Net Active Service This Period) shows 2 months and 3 days.  Block 12d (Total Prior Active Service) shows 2 months and 17 days.

5.  Block 6 (Reserve Obligation Termination Date) of the applicant's DD Form 214 for the period ending 22 January 2004 shows the completion date of his obligated Reserve service as "1 December 2005."  This DD Form 214 also shows that he was ordered to active duty under the provisions of 10 U.S.C. 12302 in support of Operations Enduring Freedom and Iraqi Freedom and that he served for the period 24 January 2003 through 22 January 2004, a total of 364 days.  This DD Form 214 also shows the applicant served in Kuwait and Iraq for the period 14 June 2003 through 15 December 2003, a total of 185 days.  Items 12d and 12e of this form contain the entry "SEE BLOCK 18."  Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of this does not show award of the Air Force Achievement Medal, Overseas Service Ribbon, Global War on Terrorism Service Medal, or the Global War on Terrorism Expeditionary Medal.  Block 18 (Remarks), in pertinent part, contains the entry "Item 12d above does not account for annual and/or weekend training this Soldier may have accomplished prior to date entered in Item 12a (Date Entered Active Duty This Period)."  Block 18 contains no reference to Item 12d.  


6.  The applicant's record shows that he served on a joint assignment with the United States Central Command Air Forces under the United States Central Command during the period 14 June 2003 through 31 March 2004.  

7.  Headquarters, United States Central Command Air Forces, Shaw Air Force Base, South Carolina, Special Order G-0174, dated 13 December 2004 and AF Form 2274 (Department of the Air Force Achievement Medal Certificate), dated 13 December 2004, show the applicant was award the Air Force Achievement Medal for outstanding achievement during the period 
19 June 2003 through 31 October 2003.

8.  Headquarters, 27th Transportation Battalion of the 3rd Corps Support Command (Forward), Balad, Iraq, Memorandum, dated 27 December 2005, Subject: Statement of Service for Operation Iraqi Freedom shows, in pertinent part, shows the applicant was authorized to wear the Global War on Terrorism Service Medal and the Overseas Service Ribbon (2nd Award) for his service in Kuwait and Iraq during the period 14 January 2005 through 26 December 2005.

9.  United States Army Human Resources Command, Alexandria, Virginia, Orders A-01-601084, dated 17 January 2006, show the applicant was voluntarily ordered to active duty under the provisions of 10 U.S.C. 12301(d) to provide COTTAD support to Operation Iraqi Freedom with a report date of no later than 6 December 2005 for a period not to exceed 182 days.

10.  Block 6 (Reserve Obligation Termination Date) of the applicant's DD Form 214 for the period ending 20 January 2006 shows the completion date of his obligated Reserve service as "0000 00 00."  This form also shows that he was ordered to active duty under the provisions of 10 U.S.C. 12302 in support of Operation Iraqi Freedom and that he served for the period 5 December
2004 through 20 January 2006, a total of 412 days.  This form also shows the applicant served in Iraq for the period from 14 January 2005 through 26 December 2005, a total of 347 days.  Item 12d shows the applicant had a total of 1 year, 4 months, and 19 days of total prior active service.  Item 12e shows the applicant had a total of 3 years, 7 months, and 14 days of total prior inactive active service.  This form further shows the applicant was released from active duty and transferred back to his Reserve unit.

11.  Block 13 of the applicant's DD Form 214 for the period ending 20 January 2006 shows the applicant's cumulative decorations, medals, badges, citations and campaign ribbons awarded or authorized during all periods of 

service include:  Army Commendation Medal, Joint Service Achievement Medal, Army Good Conduct Medal, Army Reserve Components Achievement Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon (2nd Award), Armed Forces Reserve Medal with "M" Device (2nd Award), Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, and Iraq Campaign Medal.  This DD Form 214 does not show award of the Air Force Achievement Medal.

12.  The applicant's Official Military Personnel File (OMPF) contains a 
DA Form 2-1 (Personnel Qualification Record) which was prepared on 22 January 2006 and reviewed by the applicant and a personnel clerk on 21 October 2007.  Item 9 (Awards, Decorations & Campaigns) of this form shows, in pertinent part, that the applicant was awarded or authorized the Air Force Achievement Medal, Overseas Service Ribbon (2nd Award), Global War on Terrorism Service Medal, and the Global War on Terrorism Expeditionary Medal.  Item 27 (Remarks) of this form shows the applicant volunteered for a COTTAD in accordance with 10 U.S.C. 12301(d) and was ordered to active duty effective 6 December 2005.

13.  An advisory opinion was obtained from the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff (DCS), G-1 who opined that there was an error on the DD Form 214 issued to the applicant for the period ending 20 January 2006.  The Chief, Compensation and Entitlements Division further opined that the remarks section of the DD Form 214 should be changed to show the applicant served in accordance with the provisions of 10 U.S.C. 12302 during the period 5 December 2004 through 5 December 2005 and in accordance with the provisions of 10 U.S.C. 12301(d) during the period 6 December 2005 through 20 January 2006.  The Chief, Compensation and Entitlements Division concluded that the applicant should be paid all entitlements associated with AIP during his period of eligibility.

14.  Army Regulation 600-8-22 (Military Awards) states that the Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in the Global War on Terrorism operations outside of the designated areas of eligibility, on or after 11 September 2001 to a future date to be determined.  Service members must be assigned, attached, or mobilized to a unit supporting designated operations for 30 consecutive days or for 60 nonconsecutive days, or meet one of the following criteria:  All Soldiers on active duty, including Reserve Component Soldiers mobilized, or National Guard Soldiers activated on or after 

11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.  Battalion commanders and commanders of separate units have the authority to award the Global War on Terrorism Service Medal for approved operations to units and personnel within his or her command.  Permanent orders are not required.  Only one award of the Global War on Terrorism Service Medal may be authorized to any individual; therefore, second and subsequent awards will not be awarded.

15.  Army Regulation 600-8-22 states that the Global War on Terrorism Expeditionary Medal is authorized for award to members of the Armed Forces of the United States who deployed abroad for service in the Global War on Terrorism Operations on or after 11 September 2001 to a date to be determined.
The general area of eligibility encompasses all foreign land, water, and air spaces outside the fifty states of the United States and outside 200 nautical miles of the shores of the United States.  The Secretary of Defense, when recommended by the Chairman, Joint Chiefs of Staff, will designate the specific area of eligibility per qualifying operation.  Because counter-terrorism operations are global in nature, the area of eligibility for an approved operation may be deemed to be non-contiguous.  The Combatant Commander has the authority to approve award of the medal for units and personnel deployed within his or her theater.  Under no conditions will units or personnel within the United States or the general region excluded above be deemed eligible for the Global War on Terrorism Expeditionary Medal.  Soldiers who are assigned, attached or mobilized to a unit participating in designated operations for 30 consecutive days or 60 nonconsecutive days in the area of eligibility are eligible for award of the Global War on Terrorism Expeditionary Medal.  Battalion commanders and commanders of separate units are authorized to award the Global War on Terrorism Expeditionary Medal to qualified personnel.  Permanent orders are not required.  Soldiers may receive both the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal if they meet the requirements of both awards; however, the same period of service establishing one cannot be used to justify service eligibility for the other.

16.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

17.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  In pertinent part, the regulation states that:

	a.  Block 6 (Reserve Obligation Termination Date) will show the completion date of the military service obligation (MSO) incurred by a Soldier on initial enlistment or appointment in the Armed Forces.  Department of Defense policy requires a Soldier with no previous military service who enlisted or was appointed on or after 1 June 1984 to serve a period of 8 years.  The MSO starts on the date of initial enlistment or appointment in the Regular Army, Army National Guard, or the United States Army Reserve.  For a Soldier discharged, dismissed, or dropped from the Army rolls, or with an expired MSO, enter "0000 00 00."

	b.  Block 12d (Total Prior Active Service) will show the cumulative sum total of prior active military service less lost time, if any.

	c.  Block 12e (Total Prior Inactive Service) will show the total amount of prior inactive service, less lost time, if any.

	d.  Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) will show awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.

	e.  Block 18 (Remarks) the following statement will be added for a Reserve Soldier ordered to active duty and deployed to a foreign country: "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 U.S.C. (applicable section)."

18.  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 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 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).


19.  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 U.S. Army Human Resources Command, Alexandria 
(HRC-A) publishing orders.

20.  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 (10 U.S.C. 12302) remaining to complete required Boot on the 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 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 10 U.S.C., 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 10 U.S.C., 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.


21.  Air Force Instruction 36-2803 (The Air Force Awards and Decorations Program) establishes the eligibility requirements and award authorities for decorations and for achievement, service, foreign and unit awards.  It also describes how to prepare, submit, process and record the various decorations and awards.  Paragraph 3.3 (Processing a Recommendation) of this Instruction provides that recommendations for Air Force decorations to sister service personnel are to be forwarded to the Air Force commander who exercises awarding authority as if the individual were an Air Force member.  Written concurrence is to be obtained through the Awards and Decorations Directorate of the Air Force Personnel Center from the individual's parent service before final approval.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contends that his records should be amended to show he was awarded the Air Force Achievement Medal, Overseas Service Ribbon, Global War on Terrorism Service Medal, and the Global War on Terrorism Expeditionary Medal.  He also contends his DD Forms 214 should be corrected to show his proper reserve obligation termination date, total prior active service, and total prior inactive service.  The applicant further contends that his COTTAD orders 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 and he should receive payment of retroactive entitlements associated with AIP.

2.  Evidence shows the termination date of the reserve obligation incurred by the applicant on the date of his initial enlistment was 1 December 2007.  Evidence further shows the applicant's reserve obligation termination date was erroneously entered on his DD Forms 214 for the periods ending 22 January 2004 and 20 January 2006.  Therefore, the applicant is entitled to have these documents corrected to indicate his proper reserve obligation termination date of 1 December 2007.

3.  Block 12c (Net Active Service This Period) of the applicant's DD Form 214 for the period ending 18 September 2001 shows 2 months and 3 days.  Block 12d (Total Prior Active Service) shows 2 months and 17 days.  Combining these periods shows the applicant's total cumulative active service at the time was 4 months and 20 days.

4.  Army Regulation 635-5 provides that Block 12d of DD Form 214 will show the cumulative sum total of prior active military service less lost time, if any.  Evidence shows that Block 12d of the DD Form 214 issued to the applicant for the period ending 22 January 2004 does not properly reflect his total prior active service.  Evidence also shows the applicant completed 4 months and 20 days of active duty service prior to the time period covered by this DD Form 214.  Evidence further shows that he had no lost time.  Therefore, he is entitled to have the DD Form 214 issued to him for the period ending 22 January 2004 corrected to show 4 months and 20 days of total prior active service.

5.  Army Regulation 635-5 provides that Block 12e of DD Form 214 will show the cumulative sum total of prior inactive military service less lost time, if any.  Evidence shows that Block 12e of the DD Form 214 issued to the applicant for the period ending 22 January 2004 does not properly reflect his total prior inactive service.  Evidence also shows the applicant completed 4 months and 20 days of active duty service prior to the time period covered by this DD Form 214.  Evidence further shows that he had no lost time.  The record shows the applicant enlisted in the Army Reserve on 2 December 1999 and that he had served a total of 4 months and 20 days of total prior active service.  His total prior inactive service may be determined by subtracting his total prior active service from his total overall service as of the date prior to entering the current period of active duty service (23 January 2003).  The applicant's total service as of 23 January 2003 was 3 years, 1 month, and 22 days.  By subtracting the applicant's 4 months and 20 days of total prior active service, it is determined that he had 2 years, 9 months, and 3 days of total prior inactive service.  Therefore, he is entitled to have the DD Form 214 issued to him for the period ending 22 January 2004 corrected to show that he had 2 years, 9 months, and 3 days of total prior inactive service.

6.  Evidence shows the applicant qualified for award of the Overseas Service Ribbon based upon successful completion of an overseas tour during the period 14 June 2003 through 15 December 2003.  Therefore, he is entitled to have the DD Form 214 issued to him for the period ending 22 January 2004 corrected to show receipt of the Overseas Service Ribbon.

7.  Air Force Instruction 36-2803 provides that recommendations for Air Force decorations to sister service personnel are required to receive written concurrence from individual's parent service before final approval.  Special Orders awarded the applicant the Air Force Achievement Medal for outstanding achievement while he was serving on a joint assignment with the United States Central Command Air Forces.  In the absence of evidence to the contrary, it is presumed the medal was awarded with concurrence from the appropriate Army authority.  Therefore, he is entitled to have his records corrected to show award of the Air Force Achievement Medal.

8.  Army Regulation 600-8-22 provides that Soldiers may receive both the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal if they meet the requirements of both awards; however, the same period of service establishing one cannot be used to justify service eligibility for the other.  Evidence shows the applicant was awarded both the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal based upon his active duty service during two distinctly separate periods of time.  However, there is no evidence in the available records showing which specific time period for which either of these medals was awarded.  Additionally, the applicant has not provided any evidence showing which specific time period for which either of these medals was awarded.  The DD Form 214 issued to the applicant for the period ending 20 January 2006 correctly shows that he was awarded both of these medals.  In view of the foregoing, the applicant is not entitled to have his DD Form 214 for the period ending 22 January 2004 corrected to show award of either of these medals.

9.  Evidence shows that the applicant was involuntarily mobilized for 776 days during the periods 24 January 2003 through 22 January 2004 and 5 December 2004 through 20 January 2006 under 10 U.S.C. 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 5 December 2005.  Additionally, his voluntary COTTAD orders should have commenced on 6 December 2005 and continued through 20 January 2006.

10.  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 24 January 2003 through 22 January 2004 and 5 December 2004 through 5 December 2005 and voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 6 December 2005 through 20 January 2006.

11.  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 6 December 2005 through 20 January 2006 and, if entitled, any additional periods of voluntary mobilization on CO-ADOS orders after 20 January 2006 in support of an authorized BOG program.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  __X____  __X______  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending Item 6 of the DD Forms 214 issued to him for the periods ending 22 January 2004 and 20 January 2006 to show his reserve obligation termination date as 1 December 2007;

	b.  amending Item 12d of the DD Form 214 issued to him for the period ending 22 January 2004 to show 4 months and 20 days of total prior active service;

	c.  amending Item 12e of the DD Form 214 issued to him for the period ending 22 January 2004 to show 2 years, 9 months, and 3 days of total prior inactive service;

	d.  amending Item 13 of the DD Form 214 issued to him for the period ending 22 January 2004 to show award of the Overseas Service Ribbon;

	e.  amending Item 18 of the DD Form 214 issued to him for the period ending 20 January 2006 to show:

		(1)  award of the Air Force Achievement Medal;

		(2)  the applicant was involuntarily mobilized under the provisions of 10 U.S.C. 12302 during the periods 24 January 2003 through 22 January 2004 and 5 December 2004 through 5 December 2005; 

		(3)  he was voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 6 December 2005 through 20 January 2006, the date of his release from active duty in support of Operation Iraqi Freedom; and

	f.  paying him all benefits associated with Assignment Incentive Pay during the period that he was voluntarily mobilized under 10 U.S.C. 12301(d).

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending Item 13 of the DD Form 214 issued to the applicant for the period ending 22 January 2004 to show award of the Global War on Terrorism Service Medal and the Global War on Terrorism Expeditionary Medal.




      _______ _   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)                                         AR20080004053



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ABCMR Record of Proceedings (cont)                                         AR20080004053



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