IN THE CASE OF:	  

		BOARD DATE:	  12 August 2008

		DOCKET NUMBER:  AR20080008648 


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, correction of his involuntary mobilization orders, issuance of Contingency Operation for Active Duty Operational Support (COADOS, also known 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.  The applicant states that failure to issue him the proper orders has precluded him from receiving AIP entitlements.

3.  The applicant provides a self-authored statement, orders to active duty, a COTTAD Volunteer packet, and DD Forms 214 (Certificate of Release or Discharge from Active Duty) as additional documentary evidence 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 a Troop Program Unit and is currently serving on an involuntary tour of active duty under the provisions of 10 U.S.C. 12302 while assigned to the 316th Sustainment Command (Expeditionary) based at Logistic Support Area Anaconda located in Balad, Iraq.

2.  The applicant's DD Form 214 for the period ending 26 October 2002, shows he was ordered to active duty under the involuntary provisions of 10 U.S.C. 12302 for participation in operations in response to the World Trade Center and Pentagon attacks and served for the period 6 October 2001 through 26 October 2002, a total of 386 days.

3.  The applicant's DD Form 214 for the period ending 3 July 2004, shows he was ordered to active duty under the involuntary provisions of 10 U.S.C. 12302 in support of Operations Enduring Freedom and Iraqi Freedom and served for the period 7 July 2003 through 3 July 2004, a total of 363 days.  This form also shows the applicant served in Afghanistan for the period 23 August 2003 through 16 May 2004, a total of 268 days boots on the ground (BOG).

4.  On 19 January 2007, the Secretary of Defense signed a memorandum addressed to the Secretaries of the Military Departments, Chairman of the Joint Chiefs of Staff, and the Under Secretaries of Defense.  This memorandum shows, in pertinent part, that the Secretary of Defense stated that the planning objective for involuntary mobilization of National Guard and Reserve units will remain a one year mobilized to five years demobilized ratio.  He continued that today's global demands will require a number of selected National Guard and Reserve units to be remobilized sooner than this standard.  This memorandum also shows that he 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.

5.  Headquarters, 99th Regional Readiness Command, Coraopolis, Pennsylvania, Orders 07-045-00050, dated 14 February 2007, shows that the applicant was involuntarily reassigned from one troop program unit to another based on the needs of the Army for mobilization purposes.

6.  99th Regional Readiness Command, Coraopolis, Pennsylvania, Orders 07-056-00016, dated 25 February 2007, shows that the applicant was involuntarily ordered to active duty under the provisions of 10 U.S.C 12302 in support of Operation Iraqi Freedom effective 5 March 2007 for a period of 612 days.

7.  The applicant's COTTAD packet, dated 3 March 2007, shows he volunteered for a COTTAD tour of active duty for the period 5 March 2007 through 5 November 2008, a total of 612 days.

8.  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 also states that all AIP agreements entered prior to the effective date of this message will be honored.

9.  The record shows that the applicant was involuntarily mobilized during the period 6 October 2001 through 26 October 2002, a total of 386 days.  The applicant was involuntarily mobilized again for the period 7 July 2003 through 3 July 2004, a total of 363 days.  The applicant was involuntarily mobilized once again for the period 5 March 2007 through 5 November 2008, for an additional 612 days; bringing him to a combined total of 1361 days of involuntary mobilization.  The applicant completed 730 cumulative days of mobilization under the provisions of 10 U.S.C. 12302 on 14 June 2004.

10.  On 2 July 2008, an advisory opinion was rendered by the Chief, Compensation and Entitlements Division of the Office of the Deputy Chief of Staff G-1.  The Chief, Compensation and Entitlements Division recommends that the applicant's orders to active duty be changed to reflect a portion of his current tour as voluntary, but that his request for AIP be denied.  He acknowledges that the applicant was involuntarily mobilized in excess of 24 cumulative months.  He states that prior to 19 January 2007, the Department of Defense was defining the mobilization as not in excess of 24 cumulative months, but the Secretary of Defense changed the mobilization for Reserve Soldiers to 24 months consecutive mobilization effective 19 January 2007.  The Chief, Compensation and Entitlements Division opined that based on the guidance from the Secretary of Defense in his memorandum dated 19 January 2007 and the new policy for authorizing AIP; the applicant is not entitled to receive AIP.

11.  Department of the Army Personnel Policy Guidance, in effect at the time of the applicant's mobilization, 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 tours.  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).

12.  Department of the Army Personnel Policy Guidance, in effect at the time of the applicant's mobilization, 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.

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


14.  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, that he was voluntarily mobilized under the provisions of 10 U.S.C. 12031(d) for any days in excess of 730, and that he be paid all entitlements to AIP were carefully considered and determined to have merit.

2.  The Chief, Compensation and Entitlements Division opined that based on the guidance from the Secretary of Defense in his memorandum dated 19 January 2007 and the new policy for authorizing AIP; the applicant is not eligible for AIP.  Although 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 not announced or effective until ALARACT Message 137/2007 was released on 15 June 2007, nearly a month after the applicant's individual mobilization.  Furthermore, the Secretary of Defense's memorandum does not contain any indication that he rescinded the policy pertaining to acknowledging 24 cumulative months of involuntary mobilization under the provisions 10 U.S.C. 12302 as qualifying for AIP.

3.  Evidence shows that the applicant was involuntarily mobilized for 1361 days during the periods 6 October 2001 through 26 October 2002, 7 July 2003 through 3 July 2004, and 5 March 2007 through 5 November 2008.  Based on applicable law and regulation, in effect at the time of his mobilization, the applicant was only authorized to be involuntarily mobilized for a total of 730 days.  As a result, his second involuntary mobilization should have ended on 14 June 2004.  Additionally, his initial COTTAD orders under the voluntary provisions of 10 U.S.C. 12301(d) should have commenced on 15 June 2004 and continued through 3 July 2004.  Finally, he should have been issued COADOS orders under the voluntary provisions of 10 U.S.C. 12301(d) for his entire third mobilization for the period 5 March 2007 through 5 November 2008.


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 6 October 2001 through 26 October 2002 and 7 July 2003 through 14 June 2004 and voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the periods 15 June 2004 through 3 July 2004 and 5 March 2007 through 5 November 2008, the projected end of his current mobilization.

5.  Additionally, contrary to the advisory opinion rendered by Chief, Compensation and Entitlements Division, 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 periods 15 June 2004 through 3 July 2004 and 5 March 
2007 through 5 November 2008, the projected end of his current mobilization.

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 period periods 6 October 2001 through 26 October 2002 and 7 July 2003 through 14 June 2004; 

	b.  he was voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the periods 15 June 2004 through 3 July 2004 and 5 March 2007 through 5 November 2008, the projected end of his current mobilization; 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)                                         AR20080008648





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080008648



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1