IN THE CASE OF:	  

		BOARD DATE:	  13 July 2010

		DOCKET NUMBER:  AR20090020131 


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, Contingency Operation Temporary Tour of Active Duty (COTTAD) Orders,
DD Form 214 (Certificate of Release or Discharge from Active Duty), 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 Title 10, U.S. Code, section 12302 and that he was voluntarily mobilized under the provisions of Title 10, U.S. Code, section 12301(d) for any days in excess of 730.  The applicant states that his AIP packet was completed in a timely manner, but his numerous attempts to be paid his AIP entitlements were unsuccessful.

3.  The applicant provides copies of:

* Two DD Forms 214 for the periods ending 25 January 2004 and 9 November 2007
* A DD Form 215 (Correction to DD Form 214) for the period ending
   25 January 2004, dated 14 November 2007
* Three Individual Mobilization Orders and related amendments
* A memorandum from his first sergeant



CONSIDERATION OF EVIDENCE:

1.  The applicant is a sergeant in the U.S. Army Reserve (USAR).  He is currently assigned to the 1018th Quartermaster Company, located in Schenectady, NY.

2.  Headquarters, U.S. Army, 77th Regional Support Command, Fort Totten, Flushing, NY, Orders M-039-0066, dated 8 February 2003, ordered the applicant to active duty under the involuntary provisions of Title 10, U.S. Code, section 12302 in support of Operation Enduring Freedom (OEF) with a report date of
18 February 2003 for a period of 365 days.

3.  The applicant's DD Form 214 for the period ending 25 January 2004 shows he was ordered to active duty under the voluntary provisions of Title 10, U.S. Code, section 12301(d) in support of OEF and he served for the period 7 February 2003 through 25 January 2004 for a total of 353 days.  This DD Form 214 also shows the applicant served in Kuwait and Iraq for the period 16 April 2003 through 18 December 2003 for a total of 247 days boots on the ground (BOG).

4.  A DD Form 215, dated 14 November 2007, corrected the applicant's DD Form 214 for the period ending 25 January 2004 to show he was actually ordered to active duty under the involuntary provisions of Title 10, U.S. Code, section 12302 instead of the voluntary provisions of Title 10, U.S. Code, section 12301(d).

5.  Headquarters, U.S. Army, 77th Regional Support Command, Orders
06-068-00048, dated 9 March 2006, ordered the applicant to active duty under the involuntary provisions of Title 10, U.S. Code, section 12302 in support of Operation Iraqi Freedom (OIF) with a report date of 25 March 2006 for a period of 545 days.

6.  During his second mobilization, in support of the BOG Program, the applicant volunteered to remain on active duty in a COTTAD status beyond the maximum length of 730 days of cumulative involuntary service allowed by law at the time.  Based upon his original mobilization orders, he would have completed 730 cumulative days of involuntary mobilization in support of OEF and OIF under the provisions of Title 10, U.S. Code, section 12302 on 6 April 2007.  

7.  U.S. Army Human Resources Command, Alexandria, VA (USAHRC-Alexandria), Orders A-06-615269, dated 20 June 2006, ordered the applicant to active duty under the voluntary provisions of Title 10, U.S. Code, section 12301(d) in COTTAD support of OIF, effective 3 April 2007, for a period of 

169 days.  These orders were amended by Orders A-06-615269A02, dated 4 April 2007, to show the period as 5 months and 16 days including accumulated leave and to show the purpose as Contingency Operation for Active Duty Operational Support (CO-ADOS).

8.  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 (RC) who are required to mobilize or deploy early or often, or to extend beyond the established ratio policy goals.

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

10.  The applicant's DD Form 214 for the period ending 9 November 2007 shows he was involuntarily ordered to active duty under the provisions of Title 10, U.S. Code, section 12302 in support of OEF and he served for the period 25 March 2006 through 2 April 2007 for a total of 374 days.  This DD Form 214 also shows he served under the voluntary provisions of Title 10, U.S. Code, section 12301(d) for the period 3 April 2007 through 9 November 2007 for a total of 221 days.  This DD Form 214 also shows the applicant served in Iraq for the period 6 September 2006 through 28 August 2007 for a total of 357 days BOG.

11.  The applicant's DD Forms 214 shows he was involuntarily mobilized in support of OEF and OIF for a total of 727 days during the periods:

* 7 February 2003 through 25 January 2004 for a total of 353 days
* 25 March 2006 through 2 April 2007 for a total of 374 days

12.  The applicant's DD Forms 214 shows he was voluntarily mobilized in support of OEF and OIF for a total of 221 days during the period 3 April 2007 through 9 November 2007.

13.  The applicant provides a memorandum rendered by his first sergeant on 3 November 2009 corroborating he has made numerous attempts to resolve the discrepancies in his record and requesting favorable consideration of his application.

14.  The Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff, G-1, previously opined that the AIP program for RC members was designed to provide Reservists who had exhausted their mobilization clock under 10 U.S.C. 12302 (730 days) an incentive to volunteer to continue to serve under 10 U.S.C. 12301(d) in order to complete their 12 months BOG.

15.  Department of the Army Personnel Policy Guidance, in effect at the time of the applicant's mobilization, paragraph 10-3, provided that RC Soldiers who voluntarily requested to serve beyond their 24-month mobilization authorized under the provisions of Title 10, U.S. Code could request an extension under the policy guidance for COTTAD.  Soldiers transitioning without a break in service would not go through release from active duty (REFRAD) processing until the end of their COTTAD.  Updated COTTAD procedures went into effect on 5 January 2006 to support the voluntary transition of RC Soldiers from partial mobilization under the provisions of Title 10, U.S. Code, section 12302 to voluntary COTTAD orders under the provisions of Title 10, U.S. Code, section 12301(d).

16.  Department of the Army Personnel Policy Guidance, in effect at the time of the applicant's mobilization, stated that COTTAD requests would 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 could request COTTAD orders totaling 1095 days.  Requests beyond authorized durations required Deputy Chief of Staff (DCS) G-1 approval prior to USAHRC-Alexandria publishing orders.

17.  Department of the Army Personnel Policy Guidance, in effect at the time of the applicant's mobilization, stated that the COTTAD policy applied to Soldiers in the following categories:

	Category 1:  Applies to Soldiers preparing for mobilization who do not have sufficient partial mobilization authority under Title 10, U.S. Code, section 12302 remaining to complete required BOG period with their units, and voluntarily request a COTTAD in order to complete 12 months BOG with their units (Outside the continental U.S. in the Central Command's area of responsibility).

	Category 2:  Applies to Soldiers mobilized under the provisions of Title 10, U.S. Code, section 12302, 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 Title 10, U.S. Code, section 12302, 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 Title 10, U.S. Code, section 12302, 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.

18.  The term, Contingency Operation for Active Duty Operational Support
(CO-ADOS), is the Army's new terminology for what used to be known as a COTTAD.  The terms are synonymous and in both cases, the tour of duty is considered to be on a voluntary basis.

19.  The Secretary of Defense directed the services to establish programs to compensate and or incentivize individuals in both the active and RC who are required to mobilize or deploy early or often, or to extend beyond the established rotation policy goals.  In response to this directive, Department of the Army Personnel Policy Guidance, paragraph 8-3 provides, in pertinent part, guidance for receipt of both voluntary and involuntary AIP:

	a.  Soldiers or units who are involuntarily extended by the Secretary of Defense beyond 12 consecutive months BOG or 12 out of 15 months (365 days out of 450 days) and are deployed to Iraq (to include staging time in Kuwait) or Afghanistan are eligible for involuntary AIP.  Additionally, Soldiers assigned to theater units not based in Iraq or Afghanistan who routinely conduct operations in Iraq or Afghanistan and whose unit has been involuntarily extended beyond 

12 consecutive months are eligible for involuntary AIP.  The Combatant Commander will determine to which specified units and other certain theater units this program applies.  Involuntary AIP is not prorated.  Soldiers receive the entire month’s pay for each portion of a month served.  Soldiers will be eligible for this incentive until they leave the area of responsibility.  These payments will stop the day the Soldier is no longer entitled to Hostile Fire Pay.

	b.  Soldiers who volunteer to remain on active duty beyond the 24 month [730 days] mobilization authorized under the involuntary provisions of Title 10, U.S. Code, section 12302 and to serve under the provisions of Title 10, U.S. Code, section 12301(d) on an extended tour up to 12 additional months or to be reassigned to another unit upon completion of 12 months BOG in Iraq, Afghanistan, or certain theater units for up to 12 additional months are eligible for voluntary AIP.  Voluntary AIP is prorated.  Soldiers will be eligible for this incentive until they complete the period of active duty for which they volunteered or until they are REFRAD, whichever occurs first.  National Guard Soldiers can only extend with the consent of the Governor.

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 of Title 10, U.S. Code, section 12302 and that he was voluntarily mobilized under the provisions of Title 10, U.S. Code, section 12031(d) for any days in excess of 730 were carefully considered and determined to have merit.

2.  The applicant's mobilization orders show he was he was involuntarily mobilized in support of OEF and OIF for a total of 910 days.  His DD Forms 214 show he served under the involuntary provisions of Title 10, U.S. Code, section 12302 for a total of 727 days during the periods:

* 7 February 2003 through 25 January 2004 for a total of 353 days
* 25 March 2006 through 2 April 2007 for a total of 374 days

3.  The applicant's DD Forms 214 shows he was voluntarily mobilized in support of OEF and OIF for a total of 221 days during the period 3 April 2007 through 9 November 2007.

4.  During his second mobilization, the applicant volunteered to remain on active duty beyond the maximum length of 730 days of cumulative involuntary service allowed by law at the time.  Based upon his original mobilization orders; he 

would have completed 730 cumulative days of involuntary mobilization in support of OEF and OIF under the provisions of Title 10, U.S. Code, section 12302 on 6 April 2007.  

5.  Based upon the foregoing, the applicant's CO-ADOS orders should have commenced on 7 April 2007 instead of 3 April 2007 in order to allow him to complete 730 cumulative days of involuntary mobilization in support of OEF and OIF under the provisions of Title 10, U.S. Code, section 12302.  

6.  He continued to serve in Iraq under the voluntary provisions of Title 10, U.S. Code, section 12301(d) for the period 7 April 2007 through 28 August 2007 in CO-ADOS status.

7.  Based on the foregoing, it would be appropriate to amend the applicant's military pay records to show he was involuntarily mobilized under the provisions of Title 10, U.S. Code, section 12302 during the periods 7 February 2003 through 25 January 2004 and 25 March 2006 through 6 April 2007; and voluntarily mobilized under the provisions of Title 10, U.S. Code, section 12301(d) during the period 7 April 2007 through 9 November 2007.

8.  Additionally, the applicant is entitled to prorated payment of AIP during the period that he was voluntarily serving in Iraq under the provisions of Title 10, U.S. Code, section 12301(d).  As a result it would be appropriate that the Defense Finance and Accounting Service (DFAS) pay the applicant all AIP benefits entitled while voluntarily serving in Iraq during the period 7 April 2007 through 28 August 2007 at the rate of $1,000.00 per month.  For partial months, this rate is to be prorated accordingly.

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:

	a.  showing the applicant was involuntarily mobilized under the provisions of Title 10, U.S. Code, section 12302 during the periods 7 February 2003 through 25 January 2004 and 25 March 2006 through 6 April 2007;

	b.  showing he was voluntarily mobilized under the provisions of Title 10, U.S. Code, section 12301(d) during the period 7 April 2007 through 9 November 2007; and

	c.  showing he is entitled to be paid all benefits associated with Voluntary AIP from 7 April 2007 through 28 August 2007, while he was serving in Iraq under the voluntary provisions Title 10, U.S. Code, section 12301(d), at the rate of $1,000.00 per month.  For partial months, this rate is to be prorated accordingly.



      ___________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)                                         AR20090020131



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ABCMR Record of Proceedings (cont)                                         AR20090020131



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