IN THE CASE OF:	  

		BOARD DATE:	  17 July 2008

		DOCKET NUMBER:  AR20080006478 


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 Operation for Active Duty Operational Support (CO-ADOS) [formerly referred to 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.  He concludes that failure to correct his mobilization orders in a timely fashion prevented him from being able to request AIP prior to the established deadline.

3.  The applicant provides a copies of mobilization orders, two DD Forms 214 (Certificate of Release or Discharge from Active Duty), and his CO-ADOS Volunteer 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 assigned to the 422nd Civil Affairs Battalion based in Greensboro, North Carolina.

2.  108th Division (Institutional Training), Charlotte, North Carolina, Orders
04-260-00018, dated 16 September 2004, 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 8 October 2004 for a period of 365 days.

3.  108th Division (Institutional Training), Charlotte, North Carolina, Orders,
05-222-00012, dated 10 August 2005, amended Orders 04-260-00018, dated 16 September 2004 to change the period of active duty from 365 days to 
730 days.

4.  The applicant's DD Form 214 for the period ending 2 March 2006 shows that he was ordered to active duty under the provisions of 10 U.S.C. 12302 in support of Operation Enduring Freedom and that he served from 8 October 2004 through 2 March 2006, a total of 511 days.

5.  United States Army Civil Affairs and Psychological Operations Command (Airborne), Fort Bragg, North Carolina, Orders 06-053-00053, dated 22 February 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 28 February 2006 for a period not to exceed 545 days.

6.  The applicant's DD Form 214 for the period ending 26 May 2007 shows that he was ordered to active duty under the provisions of 10 U.S.C. 12302 in support of Operation Enduring Freedom and that he served for the period of 3 March 2006 through 26 May 2007, a total of 450 days.  This DD Form 214 also shows the applicant served in Iraq from 26 April 2006 through 22 April 2007, a total of 362 days.

7.  The applicant's records contain a DA Form 4187 (Personnel Action) which indicates that he acknowledged and accepted reassignments during the COTTAD period commencing 8 October 2006 through 26 August 2007, 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.  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 from 3 March 2006 through 26 May 2007.  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 from 3 March 2006 through
8 October 2006 and in accordance with the provisions of 10 U.S.C. 12301(d) during the period from 9 October 2006 through 26 May 2007.  The Chief, Compensation and Entitlements Division concluded that the applicant should be paid all entitlements associated with AIP during his period of eligibility.

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 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 requests 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 1,095 days.  Requests beyond authorized durations required DCS, G-1 approval prior to U.S. Army human Resources Command, Alexandria (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 (10 U.S.C. 12302) 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 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 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 961 days during the periods from 8 October 2004 through 2 March 2006 and from 3 March 
2006 through 26 May 2007 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 7 October 2006.  Additionally, his voluntary CO-ADOS orders should have commenced on 8 October 2006 and continued through 26 May 2007.

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 from 8 October 2004 through 2 March 2006 and from 3 March 2006 through 7 October 2006, and voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period from  
8 October 2006 and continued through 26 May 2007.


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 8 October 2006 and continued through 26 May 2007 and, if entitled, any additional periods of voluntary mobilization on CO-ADOS orders after 26 May 2007 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 8 October 2004 through 2 March 2006 and from
3 March 2006 through 7 October 2006; 

	b.  he was voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period from 8 October 2006 and continued through 26 May 2007, 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)                                         AR20080006478



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ABCMR Record of Proceedings (cont)                                         AR20080006478



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