IN THE CASE OF:	   

		BOARD DATE:	        30 September 2008

		DOCKET NUMBER:  AR20080010593 


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 record in the form of issuance of Contingency Operation for Active Duty Operational Support (COADOS) 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 copies of orders to active duty, release from active duty orders, DD Forms 214 (Certificate of Release or Discharge from Active Duty), and his COTTAD application in support of this application.

CONSIDERATION OF EVIDENCE:

1.  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.

2.  The applicant's record shows that he is a member of the South Carolina Army National Guard.  He currently holds the rank of captain (CPT)/pay grade O-3 and military occupation specialty 25A (General Signal Officer).

3.  State of South Carolina Military Department, Office of the Adjutant General, Columbia, South Carolina, Orders 042-445, dated 11 February 2003, show that the applicant was involuntarily ordered to active duty in support of Operation Enduring Freedom under the provisions of 10 U.S.C. 12302 effective 10 February 2003 for a period of 365 days.

4.  State of South Carolina Military Department, Office of the Adjutant General, Columbia, South Carolina, Orders 132-021, dated 11 May 2004, amended Orders 042-445, dated 11 February 2003 to show his period of active duty as 10 February 2003 through 24 May 2004.

5.  The applicant's DD Form 214, for the period ending 24 May 2004, shows he was involuntarily ordered to active duty under the provisions of 10 U.S.C. 12302 in support of Operations Enduring Freedom and Iraqi Freedom and served for the period 10 February 2003 through 24 May 2004, a total of 470 days.  The DD Form 214 also shows the applicant served in Kuwait and Iraq for the period 14 April 2003 through 9 April 2004, a total of 362 days.

6.  State of South Carolina Military Department, Office of the Adjutant General, Columbia, South Carolina, Orders 122-212, dated 2 May 2007, show that the applicant was involuntarily ordered to active duty in support of Operation Enduring Freedom under the provisions of 10 U.S.C. 12302 effective 
1 May 2007 for a period of 453 days [until 26 July 2008].

7.  DA Form 4187 (Personnel Action), initiated 20 May 2007, shows the applicant submitted a request to remain on active duty in theater to provide COTTAD Support commencing 16 January 2008.

8.  The applicant's DD Form 214, for the period ending 5 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 
1 May 2007 through 5 June 2008, a total of 402 days.  The DD Form 214 also shows the applicant served in Afghanistan for the period 17 April 2007 through 23 April 2008, a total of 373 days.

9.  The record shows that the applicant was involuntarily mobilized during the periods 10 February 2003 through 24 May 2004 and 1 May 2007 through 
5 June 2008, for a total of 872 days.  The applicant completed 730 cumulative days of involuntary mobilization on 15 January 2008.

10.  An advisory opinion was rendered by the Deputy Chief, Personnel Policy and Readiness Division of the Departments of the Army and the Air Force National Guard Bureau, Arlington, Virginia.  The Deputy Chief, Personnel Policy and Readiness Division acknowledges that an administrative error was made during the applicant's COTTAD processing and recommends that the application be approved.

11.  The Deputy Chief, Personnel Policy and Readiness Division opined that the applicant conducted his initial mobilization in 10 U.S.C. 12302 status during the period served for the period 10 February 2003 through 24 May 2004, a total of 470 days.  He continues that the applicant was mobilized for a second time in 10 U.S.C. 12302 status for the period 1 May 2007 through 5 June 2008, a total of 402 days.  The Deputy Chief, Personnel Policy and Readiness Division adds that under Secretary of Defense guidance and the President of the United States' involuntary mobilization authorization, Reserve Component Soldiers can only be involuntarily mobilized for 730 days in 12302 status.  He concludes the applicant's second mobilization should have been under the authority of 10 U.S.C. 12302 for the period 1 May 2007 through 15 January 2008, a total of 260 days, in order to complete his 730 days of involuntary mobilization; and his 10 U.S.C. 12301(d) order should have commenced on 16 January 2008 and continued through 5 June 2008 for a total of 142 days of AIP.

12.  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 10 U.S.C. 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).

13.  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.

14.  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 U.S.C., 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 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 found to be with merit.


2.  Evidence shows that the applicant was involuntarily mobilized during the periods 10 February 2003 through 24 May 2004 and 1 May 2007 through 5 June 2008, for a total of 872 days.  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 15 January 2008.  Additionally, his voluntary COTTAD orders should have commenced on 16 January 2008 and continued through 5 June 2008.

3.  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 10 February 2003 through 24 May 2004 and 1 May 2007 through 15 January 2008 and voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 16 January 
2008 through 5 June 2008.

4.  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 Service pay the applicant all AIP benefits entitled during the period 16 January 2008 through 5 June 2008 and if entitled, any additional periods of voluntary mobilization on COTTAD orders after 5 June 2008 in support of an authorized boots on ground 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 period periods 10 February 2003 through 24 May 2004 and 1 May 2007 through 15 January 2008;

	b.  he was voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 16 January 2008 through 5 June 2008, the date of his release from active duty in support of Operation Enduring Freedom; 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)                                         AR20080010593





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ABCMR Record of Proceedings (cont)                                         AR20080010593



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