IN THE CASE OF:	  

		BOARD DATE:	        31 July 2008

		DOCKET NUMBER:  AR20080006587 


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 amendment of her 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.

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 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 321st Military Intelligence Battalion based in Austin, Texas.

2.  90th Regional Support Group, San Antonio, Texas Orders M-288-0048, dated 15 October 2001, show the applicant was involuntarily ordered to active duty under the provisions of 10 U.S.C. 12302 with a report date of no later than 10 October 2001 for a period not to exceed 730 days.

3.  90th Regional Support Group, San Antonio, Texas Orders M-304-0148, dated 31 October 2001, amended Orders M-288-0048 to change the applicant's period of active duty from 730 days to an initial period of up to 12 months, which may be extended up to 24 months.

4.  The applicant's DD Form 214 for the period ending 12 October 2002 shows that she was ordered to active duty under the provisions of 10 U.S.C. 12302 in support of Operations Enduring Freedom and Noble Eagle and served for the period 18 October 2001 through 12 October 2002, a total of 360 days.

5.  90th Regional Support Group, San Antonio, Texas Orders 04-222-00047, dated 9 August 2004, show the applicant was involuntarily ordered to active duty under the provisions of 10 U.S.C. 12302 in support of Operation Iraqi Freedom with a reporting date of no later than 1 September 2004 for a period not to exceed 545 days.

6.  The applicant's DD Form 214 for the period ending 22 February 2006 shows that she 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 1 September 2004 through 22 February 2006, a total of 540 days.  This DD Form 214 also shows the applicant served in Iraq for the period 23 January 2005 through 15 January 2006, a total of 358 days of boots on ground (BOG).

7.  The record shows that the applicant was involuntarily mobilized during the period 18 October 2001 through 12 October 2002, a total of 360 days.  The applicant was involuntarily mobilized once again for the period 1 September 2004 through 22 February 2006, for an additional 540 days; bringing her to a grand total of 900 days of involuntary mobilization.  The applicant completed 730 cumulative days of mobilization under the provisions of 10 U.S.C. 12302 on 5 September 2005.

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 1 September 2004 through 22 February 2006.  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 1 September 
2004 through 5 September 2005 and in accordance with the provisions of 
10 U.S.C. 12301(d) during the period 6 September 2005 through 22 February 2006.  The Chief, Compensation and Entitlements Division concluded that the applicant should be paid all entitlements associated with AIP during her period of eligibility.

9.  The Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff G-1 previously opined that the AIP program for Reserve Component members was designed to provide Reservists who had exhausted their involuntary mobilization clock under 10 U.S.C. 12302 (730 days) an incentive to volunteer to continue to serve voluntarily under 10 U.S.C. 12301(d).

10.  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).

11.  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 HRC-A publishing orders.

12.  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 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 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 900 days during the periods 18 October 2001 through 12 October 2002 and 1 September 2004 through 22 February 2006 under 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 5 September 2005.  Additionally, her voluntary COTTAD orders should have commenced on 6 September 2005 and continued through 22 February 2006.

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 18 October 2001 through 12 October 2002 and 1 September 2004 through 5 September 2005 and voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 6 September 2005 through 22 February 2006.

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  6 September 2005 through 22 February 2006 and, if entitled, any additional periods of voluntary mobilization on COTTAD orders after 22 February 2006 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 18 October 2001 through 12 October 2002 and 1 September 2004 through 5 September 2005; 

	b.  she was voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 6 September 2005 through 22 February 2006; 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)                                         AR20080006587





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ABCMR Record of Proceedings (cont)                                         AR20080006587



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