IN THE CASE OF:	

		BOARD DATE:	  12 August 2008 

		DOCKET NUMBER:  AR20080006616 


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 mobilization orders, issuance of Contingency 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 a copy of her orders to active duty, DD Forms 214 (Certificate of Release or Discharge from Active Duty), COTTAD volunteer packet and a memorandum from the Departments of the Army and the Air Force, Florida National Guard G3 Mobilization and Readiness Officer in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that she is a traditional member of the Florida Army National Guard (FLARNG).


2.  Departments of the Army and the Air Force, Florida National Guard, Office of the Adjutant General, Milford, Massachusetts, Orders 153-69, dated 
2 June 2002, show that the applicant was involuntarily ordered to active duty with the consent of the Governor of Massachusetts to augment active forces to an operational mission (Operation Noble Eagle/Enduring Freedom) on 17 July 2002 for a period of 365 days.

3.  The applicant's DD Form 214 for the period ending 19 April 2003, shows she was voluntarily ordered to active duty under the provisions of 10 U.S.C. 12301(d) in support of Operation Enduring Freedom and served for the period 17 June 2002 through 19 April 2003, a total of 307 days.  This DD Form 214 also shows the applicant served in Uzbekistan for the period 13 August 2002 through 5 September 2002 (24 days) and Pakistan for the period 6 September 
2002 through 16 March 2003 (192 days), for a combined total of 216 days boots on ground (BOG).

4.  State of Florida Department of Military Affairs, Office of the Adjutant General, Saint Francis Barracks, Florida, Orders 042-243, dated 10 March 2005, show that the applicant was involuntarily ordered to active duty under the provisions of 10 U.S.C. 12302 in support of Operation Enduring Freedom on 18 March 
2005 for a period not to exceed 545 days.

5.  The applicant's DD Form 214 for the period ending 4 August 2006, shows 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 18 March 2005 through 4 August 2006, a total of 505 days.  This DD Form 214 also shows the applicant served in Afghanistan for the period 22 June 2005 through 10 June 2006, for a total of 354 days BOG.

6.  The Secretary of Defense directed the establishment of a new program to compensate or incentivize individuals in both the active and Reserve components who are required to mobilize or deploy early or often, or to extend beyond the established rotation policy goals on 19 January 2007; the new policy was announced in ALARACT Message 137/2007 which was released on 15 June 2007.

7.  The applicant's records contain a COTTAD volunteer packet which shows that she acknowledged and accepted reassignments in a COTTAD status through the end of her mobilization.


8.  Department of the Army and the Air Force, Florida National Guard, Office of the Adjutant General (TAG), Saint Francis Barracks, Florida Memorandum, dated 3 April 2008, Subject:  TAG Release of FLARNG Soldier for COTTAD Extension, shows the Adjutant General retroactively authorized the release of the applicant to extend her mobilization in order to complete a 365-day BOG requirement in support of Operation Enduring Freedom in Afghanistan for a period of 82 days starting on or about 15 May 2006.

9.  Departments of the Army and the Air Force, Florida National Guard, Office of the Adjutant General, Saint Francis Barracks, Florida Memorandum, dated 3 April 2008, Subject:  Request for Board Review [applicant's name], shows the G3 Mobilization and Readiness Officer requested issuance of COADOS orders to the applicant in order to correct the applicant's records and facilitate payment of her AIP entitlements.

10.  The record shows that the applicant was involuntarily mobilized during the period 17 June 2002 through 19 April 2003, a total of 307 days.  The applicant was involuntarily mobilized once again for the period 18 March 2005 through 4 August 2006, a total of 505 days; bringing her to a grand total of 812 days of involuntary mobilization.  The applicant completed 730 cumulative days of involuntary mobilization under the provisions of 10 U.S.C. 12302 on 14 May 2006.

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

12.  The Chief, Personnel Division opined that based on Department of the Army Personnel Policy Guidance, statute 10 U.S.C. 12301(d) applies to volunteers for active duty.  It further states that Soldiers under this statute may be ordered to active duty if they have volunteered and have the consent of the Governor or appropriate authority.  The Chief, Personnel Division further opined that based upon this information, the applicant should have been ordered to active duty for the period 17 June 2002 through 19 April 2003 under the statute 10 U.S.C. 12302 as she was involuntarily ordered to active duty.  He continued that based upon this correction, the applicant reached her maximum 730 days of involuntary mobilization during her second deployment period of 18 March 2005 through 4 August 2006 and that the applicant's initial 12301(d) COTTAD order should have commenced on the 731st day and continued through 4 August 2006.  The Chief, Personnel Division concluded the applicant should be paid all retroactive AIP entitlements based upon Army Personnel Policy Guidance for Contingency Operations in Support of the Global War on Terrorism that was put into place effective 13 February 2008.

13.  Department of the Army Personnel Policy Guidance, in effect at the time of the applicant's service, 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).

14.  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.

15.  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.

16.  The term Contingency Operation for Active Duty Operational Support (COADOS) is the Army's new terminology for what used to be known as a Contingency Operation Temporary Tour of Active Duty (COTTAD).  The terms are synonymous and in both cases, the tour of duty is considered to be on a voluntary basis.

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 were carefully considered and determined to have merit.

2.  Evidence shows that the applicant was involuntarily mobilized for 812 days during the periods 17 June 2002 through 19 April 2003 and 18 March 
2005 through 4 August 2006.  Based on applicable law and regulation, in effect at the time of her mobilization, 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 14 May 2006.  Additionally, her initial voluntary COTTAD orders should have commenced on 15 May 2006 and continued through 4 August 2006.

3.  The Chief, Personnel Division concluded the applicant should be paid all retroactive AIP entitlements based upon Army Personnel Policy Guidance for Contingency Operations in Support of the Global War on Terrorism that was put into published on 13 February 2008.  The Secretary of Defense directed the establishment of a new program to compensate or incentivize individuals in both the active and Reserve components who are required to mobilize or deploy early or often, or to extend beyond the established rotation policy goals on 19 January 2007; the new policy was announced in ALARACT Message 137/2007 which was released on 15 June 2007.  This message, in pertinent part, states that all AIP agreements entered prior to the effective date of this message will be honored; however, any new AIP agreements will be subject to the new policy.  Therefore, in the interest of equity and contrary to the advisory opinion, the applicant's AIP entitlement should be based upon the policy which was in effect during her period of active duty service.

4.  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 17 June 2002 through 19 April 2003 and 18 March 2005 through 14 May 2006 and voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 15 May 2006 through 4 August 2006.

5.  Additionally, the applicant is entitled to payment of $1000.00 a 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 15 May 2006 through 4 August 2006.

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 17 June 2002 through 19 April 2003 and 18 March 2005 through 14 May 2006;

	b.  she was voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 15 May 2006 through 4 August 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)                                         AR20080006616



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ABCMR Record of Proceedings (cont)                                         AR20080006616



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