IN THE CASE OF:	   

		BOARD DATE:	         25 November 2008

		DOCKET NUMBER:   AR20080014086 


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 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 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 two DD Forms 214 (Certificate of Release or Discharge from Active Duty), orders to active duty, and an Army National Guard Retirement Points History Statement as additional documentary evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he is a traditional member of the Illinois Army National Guard.  He is assigned to the 2nd Battalion of the 130th Infantry Regiment and holds in the rank of staff sergeant (SSG)/pay grade E-6.


2.  The applicant's DD Form 214 for the period ending 16 August 2002, 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 4 January 2002 through 16 August 2002, a total of 225 days.  This DD Form 214 also shows the applicant served in Germany for the period 23 January 2002 through 18 July 2002, for a total of 177 days overseas.

3.  Department of Military Affairs, State of Illinois, Springfield, Illinois Orders 005-085, dated 5 January 2005, involuntarily ordered the applicant to active duty in Support of Operation Iraqi Freedom effective 5 January 2005 for a period not to exceed 545 days.

4.  The applicant's DD Form 214 for the period ending 6 June 2006 shows he was involuntarily ordered to active duty under the provisions of 10 U.S.C. 12302 in support of Operation Iraqi Freedom and served for the period 5 January 2005 through 6 June 2006, a total of 517 days.  This DD Form 214 also shows the applicant served in Kuwait and Iraq for the period 15 May 2005 through 27 April 2006, for a total of 348 days BOG.

5.  The record shows that the applicant was involuntarily mobilized during the period 4 January 2002 through 16 August 2002, a total of 225 days.  The applicant was involuntarily mobilized once again for the period 5 January 2005 through 6 June 2006, a total of 517 days; bringing him to a grand total of 742 days of involuntary mobilization.  The applicant completed 730 cumulative days of involuntary mobilization under the provisions of 10 U.S.C. 12302 on 24 May 2006.

6.  The applicant provides an Army National Guard Retirement Points History Statement, dated 4 August 2008, which further corroborates his mobilized periods of service.

7.  An advisory opinion was obtained from the Chief, Personnel Policy and Readiness Division of the Departments of the Army and the Air Force National Guard Bureau.  The Chief, Personnel Policy and Readiness Division recommended that the application be approved.

8.  The Chief, Personnel 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 5 January 2005 through 24 May 2006 to complete 730 days in 12302 status.  It was concluded that the applicant's 12301(d) COTTAD order should have commenced on 25 May 2006 and continued through 6 June 2006 for a total of 13 days of prorated AIP.

9.  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).

10.  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.

11.  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.

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 742 days during the periods 4 January 2002 through 16 August 2002 and 5 January 2005 through 6 June 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 24 May 2006.  Additionally, his voluntary COTTAD orders should have commenced on 25 May 2006 and continued through 6 June 2006.

3.  The Chief, Personnel Division concluded the applicant should be paid AIP entitlements based upon Army Personnel Policy Guidance for Contingency Operations in Support of the Global War on Terrorism.

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 4 January 2002 through 16 August 2002 and 5 January 2005 through 24 May 2006 and voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 25 May 2006 through 6 June 2006.


5.  Additionally, the applicant is entitled to prorated payment 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 25 May 2006 through 6 June 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 4 January 2002 through 16 August 2002 and 5 January 2005 through 24 May 2006;

	b.  he was voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 25 May 2006 through 6 June 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)                                         AR20080014086





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ABCMR Record of Proceedings (cont)                                         AR20080014086



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