IN THE CASE OF:	

		BOARD DATE:	        31 July 2008

		DOCKET NUMBER:  AR20080006629 


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 his 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 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. 

3.  The applicant provides a copy of his 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 he is currently serving on active duty in the Florida Army National Guard.


2.  Departments of the Army and the Air Force, Florida National Guard, Office of the Adjutant General, Saint Francis Barracks, Florida Orders P362-169, dated 28 December 2002, show that the applicant was ordered to active duty under the provisions of 10 U.S.C. 12302 in support of Operations Noble Eagle and Enduring Freedom on 2 January 2003 for a period not to exceed 365 days.

3.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 18 December 2003, shows he 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 2 January 2003 through 18 December 2003, a total of 351 days.  This DD Form 214 also shows the applicant served in Afghanistan for the period 29 May 2003 through 5 November 2003, a total of 161 days boots on ground (BOG).

4.  Headquarters 53rd Infantry Brigade (Separate), Florida Army National Guard, Pinellas Park, Florida Orders, dated 21 February 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 14 March 2005 for a period not to exceed 473 days.

5.  State of Florida Department of Military Affairs, Office of the Adjutant General, Saint Francis Barracks, Florida Orders 063-120, dated 6 April 2005, show that the applicant was ordered to active duty under the provisions of 10 U.S.C. 12302 in support of Operation Enduring Freedom on 17 April 2005 for a period not to exceed 545 days.

6.  Headquarters, 2nd Battalion of the 124th Infantry, Florida Army Nation Guard, Orlando, Florida Memorandum, dated 23 July 2006, Subject:  Justification for COTTAD for [applicant's name] to Serve as an Embedded Team Trainer shows the applicant's battalion commander requested a COTTAD for him in support of Operation Iraqi Freedom.

7.  United States Army Human Resources Command, Alexandria, Virginia Orders A-09-624908, dated 27 September 2006, show that the applicant was voluntarily ordered to active duty under the provisions of 10 U.S.C. 12301(d) in COTTAD support of Operation Noble Eagle on 14 October 2006 for a period not to exceed 365 days and projected to end on 13 October 2007.

8.  The applicant's records contain a COTTAD volunteer packet, dated 27 October 2006, which shows that he acknowledged and accepted reassignments in a COTTAD status through the end of his mobilization.

9.  On 15 June 2007, All Army Activities (ALARACT) Message 137/2007, in pertinent part, announced that the Army policy for authorizing AIP for Reserve Soldiers since 7 August 2004 was superseded by the new policy effective 15 June 2007.  The message, in pertinent part, states that the Army's policy for 
AIP eligibility changed from 24 months of cumulative involuntary service under 10 U.S.C. 12302 status to 24 months of consecutive involuntary service under 10 U.S.C. 12302 status.  The message also 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.

10.  United States Army Human Resources Command, Alexandria, Virginia Orders A-10-720246, dated 3 October 2007, show that the applicant was voluntarily ordered to active duty under the provisions of 10 U.S.C. 12301(d) in Contingency Operation for Active Duty Operational Support (COADOS) of Operation Enduring Freedom and Operation Warrior Trainer on 
14 October 2007 for a period not to exceed 365 days and projected to end on 12 October 2008.

11.  Departments of the Army and the Air Force, Florida National Guard, Office of the Adjutant General, Saint Francis Barracks, Florida Memorandum, dated 20 March 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 his AIP entitlements.

12.  The record shows that the applicant was involuntarily mobilized during the period 2 January 2003 through 18 December 2003, a total of 351 days.  The applicant was involuntarily mobilized once again for the period 14 March 2005 through 13 October 2006, for an additional 545 days; bringing him to a grand total of 896 days of involuntary mobilization.  The applicant completed 730 cumulative days of involuntary mobilization under the provisions of 10 U.S.C. 12302 on 26 March 2006.

13.  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.

14.  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.  It was further opined that the applicant's second involuntarily 

mobilization should have been for the period of 14 March 2005 through 26 March 2006 to complete 730 days in 12302 status.  It was also opined that the applicant's initial 12301(d) COTTAD order should have commenced on 27 March 2006.  

15.  The Chief, Personnel Policy and Readiness Division concluded that the applicant remained eligible for AIP during his subsequent continuous mobilizations through 13 October 2007 based upon his final orders (Orders A-09-624908, dated 27 September 2006) issued prior to 19 January 2007, when the Army's policy for AIP eligibility changed from 24 months of cumulative involuntary service under 10 U.S.C. 12302 status to 24 months of consecutive service under 10 U.S.C. 12302 status.

16.  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).

17.  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.

18.  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.

19.  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 his records should be amended to show that he completed 730 days of involuntary mobilization under the provisions 10 U.S.C. 12302 and that he 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 896 days during the periods 2 January 2003 through 18 December 2003 and 14 March 2005 through 13 October 2006.  Based on applicable law and regulation, in effect at the time of his mobilization, 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 26 March 2006.  Additionally, his initial voluntary COTTAD orders should have commenced on 27 March 2006 and continued through 13 October 2006.

3.  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.  The Army's policy for AIP eligibility changed from 24 months of cumulative involuntary service under 10 U.S.C. 12302 status to 24 months of consecutive service under 10 U.S.C. 12302 status.  The message also 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.

4.  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 2 January 2003 through 18 December 2003 and 14 March 2005 through 26 March 2006 and voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 27 March 2006 through 13 October 2006.

5.  Additionally, the applicant is entitled to payment of $1000.00 a month of AIP during the period 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 Department pay the applicant all AIP benefits entitled during the period 27 March 2006 through 13 October 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 2 January 2003 through 18 December 2003 and 14 March 2005 through 26 March 2006;

	b.  he was voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 27 March 2006 through 13 October 2006; 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)                                         AR20080006629





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ABCMR Record of Proceedings (cont)                                         AR20080006629



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