IN THE CASE OF:	  

		BOARD DATE:	      4 May 2011

		DOCKET NUMBER:  AR20110002005 


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 payment of Assignment Incentive Pay (AIP) for the period 16 March 2007 through 9 April 2008.

2.  The applicant states he was not aware of the AIP.  He was dedicated to the mission at hand and to service to the Nation.  He was repeatedly asked to stay on and continue to serve.

3.  The applicant provides copies of numerous supporting documents, including a memorandum from the U.S. Army Human Resources Command (HRC), assignment orders, officer evaluation reports, and email messages.

CONSIDERATION OF EVIDENCE:

1.  The applicant, a U.S. Army Reserve (USAR) commissioned officer, served on active duty from 15 February 2006 through 13 February 2009, a period of 2 years, 11 months, and 29 days.

2.  He served in Iraq from 30 March 2006 to 2 April 2008.

3.  In a memorandum, dated 17 December 2010, the U.S. Army Forces Command Inspector General states the applicant was asked to extend his tour of duty in Iraq that began on 13 February 2006 to 14 February 2008, a period of 730 days.  The applicant subsequently extended his tour again and ultimately served in Iraq until 2 April 2008.

4.  All Army Activities Message Number 135/2007 publicized the AIP provision for an $800.00 per month pay supplement for Soldiers who voluntarily extended an initial 365-day "boots on the ground" tour of duty in Iraq.

5.  An advisory opinion from the Headquarters, Department of the Army, Office of the Deputy Chief of Staff, G-1, recommends granting the applicant's request for AIP for the period 2 May 2006-30 March 2008.  Additionally, the Chief, Compensation and Entitlements Division, points out that a 7 January 2011 memorandum from HRC supports the applicant's request for AIP.

6.  The advisory opinion was provided to the applicant and he concurred.

7.  On 26 April 2011, Headquarters, Department of the Army, Office of the Deputy Chief of Staff, G-1 clarified its advisory opinion but stating the applicant qualified for AIP for the period 30 March 2007-2 April 2008.

8.  The clarification was provided to the applicant, and on 27 April 2011 he concurred with the change.

9.  Department of the Army Personnel Policy Guidance, in effect at the time of the applicant's mobilization, paragraph 10-3, provided that Reserve Component 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 REFRAD processing 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 Title 10, U.S. Code, section 12302 to voluntary COTTAD orders under the provisions of Title 10, U.S. Code, section 12301(d).

10.  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 1,095 days.  Requests beyond authorized durations required Deputy Chief of Staff (DCS) G-1 approval prior to USAHRC-Alexandria publishing orders.

11.  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.

12.  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 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.

13.  The Secretary of Defense directed the services to establish programs to compensate and 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.  In response to this directive, 


Department of the Army Personnel Policy Guidance, paragraph 8-3 (Military Pay and Allowances) 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 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 released from active duty, whichever occurs first.  National Guard Soldiers can only extend with the consent of the Governor.

DISCUSSION AND CONCLUSIONS:

1.  The applicant qualified for the AIP supplement by extending his tour of duty in Iraq from March 2007 to April 2008.

2.  An Inspector General who asked the applicant to extend in Iraq supports his request.

3.  An advisory opinion from the Office of the Deputy Chief of Staff, G-1, as clarified, notes the applicant served in Iraq from 2 May 2006 to 30 March 2008 and recommends granting the applicant's request for AIP as does HRC.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant's records as recommended below.

BOARD VOTE:

___X____  __X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 he was authorized AIP for the period 30 March 2007-2 April 2008 and by auditing his pay account and paying him any monies due as a result of this correction.




      _______ _   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)                                         AR20110002005



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ABCMR Record of Proceedings (cont)                                         AR20110002005



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