IN THE CASE OF:	  

		BOARD DATE:	  24 July 2008

		DOCKET NUMBER:  AR20080005334 


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, issuance of 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 her records should be amended to show that she 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 she 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.  She concludes that failure to correct her mobilization orders in a timely fashion prevented her from being able to receive AIP.

3.  The applicant provides a copies of mobilization orders, a DD Form 214 (Certificate of Release or Discharge from Active Duty), and her COTTAD Volunteer packet in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that she is a member of the United States Army Reserve assigned to the 104th Division (Institutional Training) based in Vancouver, Washington.


2.  The applicant's DD Form 214 for the period ending 16 October 2005 shows that she was ordered to active duty under the provisions of 10 U.S.C. 12302 in support of Operation Noble Eagle and that she served for the period 17 October 2004 through 16 October 2005, a total of 365 days.

3.  104th Division (Institutional Training) based in Vancouver, Washington, Orders 06-350-00043, dated 16 December 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 report date of no later than 25 January 2007 for a period not to exceed 565 days.

4.  104th Division (Institutional Training) based in Vancouver, Washington, Orders 06-353-00043, dated 19 December 2006, amended Orders 06-350-00043, dated 16 December 2006 by changing the report date from 25 January 2007 to 28 January 2007.

5.  The applicant's records contain a Volunteer and Waiver Statement which shows that she acknowledged and accepted reassignments during the COTTAD period commencing 12 months from the date of her mobilization and continuing through the projected end of her mobilization.

6.  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 mobilization orders (Orders 06-350-00043, dated 16 December 2006) issued to the applicant for the period beginning 25 January 2007.  The Chief, Compensation and Entitlements Division also opined that the remarks section of the orders should be amended to reflect an active duty period of 365 days.  The Chief, Compensation and Entitlements Division also opined that the applicant should be issued orders for voluntary mobilization under the provisions of 10 U.S.C. 12301(d) for an active duty period of 200 days.  The Chief, Compensation and Entitlements Division concluded that the applicant should be paid all entitlements associated with AIP during her period of voluntary mobilization under the provisions of 10 U.S.C. 12301(d).

7.  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 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).

8.  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.

9.  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 Boots 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.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that her records should be amended to show that she completed 730 days of involuntary mobilization under the provisions of 
10 U.S.C. 12302 and that she 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 930 days during the periods from 17 October 2004 through 16 October 2005 and from 28 January 2007 through 14 August 2008 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 her second involuntary mobilization should have ended on 27 January 2008.  Additionally, her voluntary COTTAD orders should have commenced on 28 January 2008 and continued through 14 August 2008, the projected end date of her mobilization.

3.  Based on the foregoing, it would be appropriate in this case to amend the applicant's records to show that she was involuntarily mobilized under the provisions of 10 U.S.C. 12302 during the periods from 17 October 2004 through 16 October 2005 and from 28 January 2007 through 27 January 2008 and voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period from 28 January 2008 through 14 August 2008.

4.  Additionally, the applicant is entitled to payment of $1000.00 per month of AIP during the periods that she 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 from 28 January 2008 through 14 August 2008 and, if entitled, any additional periods of voluntary mobilization on COTTAD orders after 14 August 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 from 17 October 2004 through 16 October 2005 and from 28 January 2007 through 27 January 2008; 

	b.  she was voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 28 January 2008 through 14 August 2008, the date of her release from active duty in support of Operation Iraqi Freedom; and

	c.  she be paid all benefits associated with Assignment Incentive Pay during the period that she 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)                                         AR20080005334





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ABCMR Record of Proceedings (cont)                                         AR20080005334



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