IN THE CASE OF:	  

		BOARD DATE:	       26 August 2008

		DOCKET NUMBER:  AR20080008962 


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 correction of his record to show he is authorized to receive 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 copies of orders to active duty, deployment orders, two DD Forms 214 (Certificate of Release or Discharge from Active Duty), and a DD Form 214 Worksheet 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 (USAR) assigned to the USAR Control Group (Reinforcement) based in Saint Louis, Missouri.  The applicant currently holds the military occupational specialty 11Z (Senior Infantry Sergeant) and the rank of sergeant major (SGM)/pay grade E-9.

2.  United States Army Reserve Personnel Command, Saint Louis, Missouri, Orders M-03-200323, dated 1 March 2002, show the applicant was involuntarily ordered to active duty under the provisions of 10 U.S.C. 12302 in support of Operation Enduring Freedom on 25 March 2002 for a period not to exceed 365 days.

3.  The applicant's Official Military Personnel File (OMPF) contains a DD Form 214 Worksheet for the period ending 24 March 2003 which shows he was involuntarily ordered to active duty under the provisions of 10 U.S.C. 12302 in support of Operation Enduring Freedom and served for the period 25 March 2002 through 24 March 2003, a total of 365 days.  The OMPF does not contain an actual DD Form 214 for this period of active duty.

4.  The Human Resources Command Integrated Web Services (IWS) is a web-based collection of data, applications, and tools to assist Career Managers and other Human Resource Personnel in supporting Active Army, Army Reserve, and Army National Guard Soldiers, veterans, retirees, family members, and other stakeholders.

5.  An IWS entry, dated 22 October 2004, shows the applicant informed a Human Resources Command representative that he had volunteered for mobilization to Iraq.

6.  United States Army Human Resources Command, Saint Louis, Missouri, Orders A-02-503247, dated 3 February 2005, show the applicant was voluntarily ordered to active duty under the provisions of 10 U.S.C. 12301(d) in Contingency Operation Temporary Tours of Active Duty (COTTAD) support of Operations Iraqi Freedom and Enduring Freedom on 3 February 2005 for a period of 270 days with an estimated ending date of 3 November 2005.

7.  United States Army Human Resources Command, Saint Louis, Missouri, Orders A-02-503247A01, dated 27 October 2005, amended Orders 
A-02-503247 to increase the period of active duty to 479 days with an estimated ending date of 31 May 2006.

8.  The applicant's DD Form 214, for the period ending 31 May 2006, shows he served for the period 7 February 2005 through 31 May 2006, a total of 479 days.
This DD Form 214 also shows the applicant served in Iraq for the period 26 February 2005 through 3 May 2006, a total of 432 days boots on ground.


9.  United States Army Human Resources Command, Saint Louis, Missouri, Orders M-01-700008, dated 11 January 2007, show the applicant was involuntarily ordered to active duty under the provisions of 10 U.S.C. 12302 in support of Operation Enduring Freedom on 16 January 2007 for a period not to exceed 365 days with an estimated ending date of 15 January 2008.

10.  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.

11.  Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, North Carolina, Orders 064-369, dated 5 March 2007, deployed the applicant's unit in a Temporary Change of Station status to the United States Central Command Area of Responsibility with duty in Afghanistan, effective 23 March 2007, for a period of 365 days from date of mobilization.

12.  An IWS entry, dated 22 March 2007, shows the applicant contacted a Human Resources Command representative to discuss his mobilization orders.

13.  An IWS entry, dated 27 April 2007, shows a Human Resources Command representative communicated with the applicant regarding a volunteer tasking.

14.  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.

15.  United States Army Human Resources Command, Alexandria, Virginia, Orders A-07-715957, dated 17 July 2007, show 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 (COADOS) support of Operation Enduring Freedom on 16 July 2008 for a period of 3 months and 27 days with an estimated ending date of 11 November 2008.

14.  United States Army Human Resources Command, Alexandria, Virginia, Orders A-07-715957A01, dated 19 July 2007, amended Orders A-07-715957 to change the reporting date to 16 January 2008 for a period of 3 months and 27 days with an estimated ending date of 13 May 2008.

15.  An IWS entry, dated 20 May 2008, shows the applicant contacted a Human Resources Command representative with questions regarding ACIP [Aviation Career Incentive Pay].  The representative informed the applicant that ACIP is only for aviation rated officers and requested clarification of what kind of incentive pay he was requesting.  An IWS entry, dated 21 May 2008, shows the applicant requested pay for COTTAD AIP.

16.  The applicant's DD Form 214, for the period ending 21 June 2008, shows he was involuntarily ordered to active duty under the provisions of 10 U.S.C. 
12302 in support of Operation Enduring Freedom and served for the period 16 January 2007 through 15 January 2008, a total of 365 days.  The DD Form 214 also shows the was voluntarily extended on active duty under the provisions of 10 U.S.C. 12301(d) in support of Operation Enduring Freedom for the purpose of accrued leave, as approved by Human Resources Command, and served for the period 16 January 2008 through 21 June 2008, a total of 158 days.  This form further shows the applicant served in Afghanistan for the period 16 January 2007 through 22 March 2008, a total of 432 days boots on ground.

17.  The record shows that the applicant was voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 7 February 2005 through 31 May 2006.  He was then involuntarily mobilized under the provisions of 10 U.S.C. 12302 during the periods 25 March 2002 through 24 March 2003 and 16 January 2007 through 15 January 2008, for a total of 730 days.  The applicant completed 730 cumulative days of mobilization under the provisions of 10 U.S.C. 12302 on 15 January 2008.  He was then voluntarily extended on active duty under the provisions of 10 U.S.C. 12301(d) for the period 16 January 2008 through 21 June 2008.

18.  An advisory opinion was obtained from the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff G-1, who opined that the applicant's request should be approved upon completion of the requisite documentation.

19.  The Chief, Compensation and Entitlements Division, in effect, acknowledged that the applicant served two involuntary mobilizations under the authority of 10 U.S.C. 12302 and two voluntary mobilizations under the authority of 10 U.S.C. 12301(d).  He opined that although the Army's policy governing eligibility for AIP changed on 19 January 2007, the applicant would be grandfathered under the old mobilization rules based upon the fact his second involuntary mobilization orders were issued on 16 January 2007.  The Chief, Compensation and Entitlements Division further opined that although the applicant was eligible to receive COTTAD AIP for the period he was involuntarily extended in theater greater than 365 days; he would not be eligible to receive voluntary AIP as there was no voluntary AIP program in effect at the time.

20.  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.  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).

21.  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.

22.  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 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 contention that his records should be amended to show that he is authorized to receive payment of retroactive entitlements associated with AIP was 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, over a month after the applicant volunteered to extend his deployment and 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 730 days during the periods 25 March 2002 through 24 March 2003 and 16 January 
2007 through 15 January 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 cumulative total of 730 days.  As a result, his second 

involuntary mobilization ended on 15 January 2008.  Additionally, his voluntary COTTAD orders and AIP status should have commenced on 16 January 2008 and continued through 21 June 2008.

4.  Notwithstanding the advisory opinion rendered by Chief, Compensation and Entitlements Division; it would be appropriate in this case to amend the applicant's records to show that he participated in the voluntary AIP program during the period he voluntarily extended his deployment and mobilization under the provisions of 10 U.S.C. 12301(d) for the period 16 January 2008 through 21 June 2008.

5.  Based on the foregoing, the applicant is entitled to payment of AIP during the period that he was voluntarily serving on an extended deployment and mobilization tour 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 16 January 2008 through 21 June 2008.

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 25 March 2002 through 24 March 2003 and 16 January 2007 through 15 January 2008;

	b.  he was voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) and enrolled in the voluntary AIP program during the period 16 January 2008 and continued through 21 June 2008; 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.
      





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