IN THE CASE OF:	  

		BOARD DATE:	        31 July 2008

		DOCKET NUMBER:  AR20080005333 


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 mobilization and 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 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 orders to active duty and DD Forms 
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 (USAR) assigned to the USAR Control Group (Reinforcement) based in Saint Louis, Missouri.


2.  Department of the Army, United States Army Human Resources Command, Saint Louis, Missouri Orders M-04-400647, dated 8 April 2004, show the applicant was ordered to active duty under the involuntary provisions of 
10 U.S.C. 12302 in support of Operation Enduring Freedom with a report date of no later than 18 April 2004 for a period not to exceed 365 days.

3.  The applicant's DD Form 214 for the period ending 28 January 2005, shows he was ordered to active duty under the involuntary provisions of 10 U.S.C. 12302 in support of Operations Enduring Freedom and Iraqi Freedom and served for the period 18 April 2004 through 28 January 2005, a total of 286 days.  This form also shows the applicant served in Iraq during the period 23 April 2004 through 14 January 2005, a total of 267 days boots on ground (BOG).

4.  Department of the Army, United States Army Human Resources Command, Alexandria, Virginia Orders A-10-520927, dated 7 October 2005, show the applicant was ordered to active duty under the voluntary provisions of 10 U.S.C. 12301(d) in COTTAD support of Operation Iraqi Freedom with a report date of no later than 31 October 2005 for a period not to exceed 179 days.

5.  The applicant's record is void of any evidence that he volunteered for this active duty tour.

6.  The applicant's DD Form 214 for the period ending 22 April 2006, shows he was ordered to active duty under the involuntary provisions of 10 U.S.C. 12302 in support of Operation Iraqi Freedom and served for the period 31 October 
2005 through 22 April 2006, a total of 174 days.  This form also shows the applicant served in Kuwait and Iraq for the period 4 November 2005 through 2 April 2006, a total of 150 days BOG.

7.  Department of the Army, United States Army Human Resources Command, Saint Louis, Missouri Orders M-02-700063, dated 2 February 2007, show the applicant was ordered to active duty under the involuntary provisions of 
10 U.S.C. 12302 in support of Operation Iraqi Freedom with a report date of no later than 10 February 2007 for a period not to exceed 365 days.

8.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 10 April 2008, shows he was ordered to active duty under the involuntary provisions of 10 U.S.C. 12302 in support of Operation Iraqi Freedom and served for the period 10 February 2007 through 10 April 2008, a total of 426 days.  This form also shows the applicant served in Iraq for the period 10 February 2007 through 15 February 2008, a total of 371 days BOG.

9.  The record shows that the applicant was involuntarily mobilized during the periods 18 April 2004 through 28 January 2005 and 31 October 2005 through 22 April 2006, a total of 460 days.  The applicant was involuntarily mobilized once again for the period 10 February 2007 through 10 April 2008 for an additional 426 days; bringing him to a grand total of 886 days of involuntary mobilization.  The applicant completed 730 cumulative days of mobilization under the provisions of 10 U.S.C. 12302 on 6 November 2007.

10.  On 30 May 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 opined that since the applicant was voluntarily ordered to active duty under the provisions of 10 U.S.C. 12301(d) for the period 31 October 2005 through 22 April 2006, a total of 174 days, the remarks section of his DD Form 214 for this period should be amended accordingly.  The Chief, Compensation and Entitlements Division acknowledged that the applicant was involuntarily ordered to active duty under the provisions of 10 U.S.C. 12302 for the period 10 February 2007 through 10 April 2008, a total of 426 days.  The Chief, Compensation and Entitlements Division concluded the applicant did not qualify for receipt of AIP because policy requires Soldiers to complete 22 months of service under the provisions of 10 U.S.C. 12302 and volunteer to serve beyond 24 months and the applicant had only completed 1 year, 11 months, and 12 days of service.  The Chief, Compensation and Entitlements Division made no reference to the applicant's involuntary mobilization under the provisions of 
10 U.S.C. 12302 for the period 18 April 2004 through 28 January 2005, a total of 286 days.

11.  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 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).


12.  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.

13.  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 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.  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. 12031(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 the applicant was not eligible for AIP because he had not served a minimum of 24 cumulative months of involuntary mobilization under the provisions 10 U.S.C. 12302.

3.  Although the applicant was issued voluntary COTTAD orders under the provisions of 10 U.S.C. 12031(d) for the period 31 October 2005 through 22 April 2006, there is no evidence that he volunteered for this period of mobilization.  Evidence shows the DD Form 214 issued to the applicant for this period indicates he was involuntarily ordered to active duty under the provisions 10 U.S.C. 12302.

4.  Evidence shows that the applicant was involuntarily mobilized for 886 days during the periods 18 April 2004 through 28 January 2005, 31 October 
2005 through 22 April 2006, and 10 February 2007 through 10 April 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 third involuntary mobilization should have ended on 6 November 2007.  Additionally, his voluntary COTTAD orders should have commenced on 7 November 2007 and continued through 10 April 2008.

5.  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 18 April 2004 through 28 January 2005; 31 October 2005 through 22 April 2006; and 
10 February 2007 through 6 November 2007; and voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 7 November 2007 through 10 April 2008.

6.  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 7 November 2007 through 10 April 2008 and if entitled, any additional periods of voluntary mobilization on COTTAD orders after 10 April 2008 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 period periods 18 April 2004 through 28 January 2005; 31 October 2005 through 22 April 2006; and 10 February 2007 through 6 November 2007; 

	b.  he was voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 7 November 2007 through 10 April 2008, the 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
      
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)                                         AR20080005333





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ABCMR Record of Proceedings (cont)                                         AR20080005333



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