IN THE CASE OF:	  

		BOARD DATE:	  13 August 2008

		DOCKET NUMBER:  AR20080004397 


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, correction of his involuntary mobilization orders, issuance of Contingency Operation for Active Duty Operational Support (COADOS, also known as 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.  The applicant states that failure to issue him the proper orders precluded him from receiving AIP entitlements.

3.  The applicant provides a copy of a DD Form 214 (Certificate of Release or Discharge from Active Duty) 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 a Troop Program Unit and is currently serving on a voluntary COADOS tour of active duty under the provisions of 10 U.S.C. 12301(d) while attached to the United States Army Element Headquarters of the Central Command located at MacDill Air Force Base, Florida.

2.  The applicant's DD Form 214 for the period ending 8 February 2004, 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 27 January 
2003 through 8 February 2004, a total of 378 days.

3.  104th Division (Institutional Training), Vancouver, Washington, Orders 06-344-00002, dated 10 December 2006, shows that the applicant was involuntarily ordered to active duty under the provisions of 10 U.S.C 12302 in support of Operation Iraqi Freedom effective 25 January 2007 for a period of 545 days.

4.  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.

5.  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.

6.  The applicant's DD Form 214 for the period ending 3 June 2008, shows he was involuntarily ordered to active duty under the provisions of 10 U.S.C. 
12302 in support of Operation Enduring Freedom and served for the period 25 January 2007 through 3 June 2008, a total of 496 days.  The DD Form 
214 also shows the applicant served in Iraq and Kuwait for the period 18 April 2007 through 27 March 2008, a total of 345 days boots on ground (BOG).

7.  The record shows that the applicant was involuntarily mobilized during the period 27 January 2003 through 8 February 2004, a total of 378 days.  The applicant was involuntarily mobilized once again for the period 25 January 
2007 through 3 June 2008, for an additional of 496 days; bringing him to a combined total of 874 days of involuntary mobilization.  The applicant completed 730 cumulative days of mobilization under the provisions of 10 U.S.C. 12302 on 11 January 2008.

8.  On 10 July 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 acknowledges that the applicant was involuntarily mobilized in excess of 24 cumulative months.  He states that prior to 19 January 2007, the Department of Defense was defining the mobilization as not in excess of 24 cumulative months, but the Secretary of Defenses changed the mobilization for Reserve Soldiers to 24 months consecutive mobilization effective 19 January 2007.  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, there is no compelling reason to change the applicant's record to show he served under the provisions of 10 U.S.C. 12301(d).

9.  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 COTTAD tours.  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, 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.

11.  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 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.

12.  The term Contingency Operation for Active Duty Operational Support (COADOS) is the Army's new terminology for what used to be known as a Contingency Operation Temporary Tour of Active Duty (COTTAD).  The terms are synonymous and in both cases, the tour of duty is considered to be on a voluntary basis.

DISCUSSION AND CONCLUSIONS:

1.  Contrary to the advisory opinion rendered by Chief, Compensation and Entitlements Division; the applicant's contentions that his records should be amended to show that he completed 730 days of involuntary mobilization under the provisions 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.  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 establish-ment 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 874 days during the periods 27 January 2003 through 8 February 2004 and 25 January 2007 through 3 June 2008.  Based on applicable law and regulation, in effect at the time of his mobilization, the applicant was only authorized to be involuntarily mobilized for a total of 730 days.  As a result his second involuntary mobilization should have ended on 11 January 2008.  Additionally, his voluntary COTTAD orders should have commenced on 12 January 2008 and continued through 3 June 2008.

4.  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 27 January 2003 through 8 February 2004 and 25 January 2007 through 11 January 2008 and voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 12 January 2008 and continued through 3 June 2008.

5.  Additionally, the applicant is entitled to payment of $1000.00 a month of AIP during the period 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 12 January 2008 and continued through 3 June 2008.

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 27 January 2003 through 8 February 2004 and 25 January 2007 through 11 January 2008; 

	b.  he was voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 12 January 2008 and continued through 3 June 2008; 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)                                         AR20080004397





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080004397



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1