IN THE CASE OF:	  

	BOARD DATE:	  12 June 2008

	DOCKET NUMBER:  AR20080006514 


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, amendment of her 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 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. 12031(d)) for any days in excess of 730. 

3.  The applicant provides a copy of her AIP packet in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that she is currently serving in the Michigan Army National Guard (MIARNG).

2.  Headquarters, State of Michigan, Department of Military and Veterans Affairs, Lansing, MI, Orders Number 075-2456, dated 16 March 2002, show that the applicant was ordered to active duty under the provisions of 10 U.S.C 12304 [sic] in support of Operation Noble Eagle on 14 March 2002 for a period not to exceed 365 days.  She served that period of active duty and received a DD Form 214 

(Certificate of Release or Discharge From Active Duty) for the period 14 March 2002 through 26 March 2003, a total of 378 days.  Her DD Form 214 shows she was ordered to active duty in support of Operation Noble Eagle in accordance with (IAW) 10 USC 12302.

3.  Headquarters, State of Michigan, Department of Military and Veterans Affairs, Lansing, MI, Orders Number 171-320, dated 20 June 2006, show that the applicant was ordered to active duty in support of Operation Iraqi Freedom (OIF) under the provisions of 10 U.S.C. 12302 on 9 July 2006 for a period not to exceed 545 days.

4.  Headquarters, State of Michigan, Department of Military and Veterans Affairs, Lansing, MI, Orders Number 310-644, dated 6 November 2007, amended Orders 171-320 to show that the applicant was ordered to active duty in support of Operation Iraqi Freedom (OIF) under the provisions of 10 U.S.C. 12302 on 9 July 2006 for a period not to exceed 351 days.

5.  The applicant's records contain a DA Form 4187 (Personnel Action) which shows that she acknowledged and accepted reassignments during the COTTAD period commencing from 25 June 2007 through 24 October 2007.  This form further shows that she agreed to accept AIP in the amount of $1,000.00 per month for each month of the extension that she served in Iraq commencing with the completion of the 22nd cumulative month of mobilization under the provisions of 10 U.S.C. 12302.

6.  An advisory opinion was obtained from the Chief, Personnel Policy and Readiness Division of the National Guard Bureau.  The Chief, Personnel Policy and Readiness Division recommended that the application be approved.  

7.  The Chief, Personnel Policy and Readiness Division opined that based on the guidance from the Under Secretary of Defense and the President of the United States involuntary mobilization authorization, Reserve component Soldiers can only be involuntarily mobilized for 730 days in 10 U.S.C. 12302 status.

8.  It was further opined that the applicant was involuntarily mobilized during the periods 14 March 2002 through 26 March 2003 and 9 July 2006 through 24 October 2007 for a total of 851 days.  The Chief, Personnel Policy and Readiness Division continued that the applicant was voluntarily mobilized under the provision of 10 U.S.C. 12301(d) during the period 26 June 2007 through 24 October 2007.  The Chief, Personnel Policy and Readiness Division concluded that the applicant served 121 days in excess of the 730 days allowed in an involuntary status and as a result her voluntary mobilization orders should have commenced on 26 June 2007.
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 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).

10.  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 Deputy Chief of Staff (DCS) G-1 approval prior to 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 (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.  The applicant's contentions that her records should be amended to show that she completed 730 days of involuntary mobilization under the provisions 10 U.S.C. 12302 and that she was voluntarily mobilized under the provisions of 10 U.S.C. 12031(d)) for any days in excess of 730 was carefully considered and determined to have merit.

2.  Evidence shows that the applicant was involuntarily mobilized for 851 days during the period 14 March 2002 through 26 March 2003 and during the period 9 July 2006 through 24 October 2007.  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 25 June 2007.  Additionally her voluntary COTTAD orders should have commenced on 26 June 2007 and continued through 24 October 2007.

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 period 9 July 2006 through 25 June 2007 and voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 26 June 2007 through 24 October 2007.  

4.  Additionally, the applicant is entitled to payment of $1,000.00 per month of AIP during the period 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 Department pay the applicant all AIP benefits entitled during the period 26 June 2007 through 24 October 2007and, if entitled, any additional periods of voluntary mobilization on COTTAD orders after 24 October 2007 in support of an authorized boots on ground program.


BOARD VOTE:

__XXX __  __XXX__  __XXX__   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:

	a.  showing that she was involuntarily mobilized under the provisions of 10 U.S.C. 12302 during the period 9 July 2006 through 25 June 2007; 

	b.  showing that she was voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 26 July 2007 through 24 October 2007, the date of her release from active duty in support of Operation Iraqi Freedom; and

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



      ___        XXX                ___
                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)                                         AR20080006514



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ABCMR Record of Proceedings (cont)                                         AR20080006514



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