IN THE CASE OF:	  

		BOARD DATE:	  2 August 2012

		DOCKET NUMBER:  AR20120008983 


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:

	a.  amendment of his mobilization orders, issuance of Contingency Operations Temporary Tour of Active Duty (COTTAD) orders, and payment of retroactive entitlements associated with Assignment Incentive Pay (AIP).

	b.  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 2006 to show award of the State of Illinois Long and Honorable Service Medal (First Award);

	c.  correction of his NGB Form 22 (National Guard Bureau - Report of Separation and Record of service) for the period ending 5 November 2007 to show award of the State of Illinois Long and Honorable Service Medal (First Award); and

	d.  correction of his DD Form 214 and NGB Form 22 to show his name as "G__o M____o" instead of "D____l V. M____o-U____h."

2.  The applicant states, in effect, that he was never paid the AIP entitlements he earned during his 27.5 month mobilization.  In order to resolve this problem, his records should be amended to show that he completed 730 days of involuntary mobilization under the provisions of section 12302 of Title 10, U.S. Code (10 U.S.C. 12302) [involuntary mobilization] and that he was voluntarily mobilized under the provisions of section 12301(d) of Title 10, U.S. Code (10 U.S.C. 12301(d)) for any days in excess of 730.  He also states neither his DD Form 214 nor his NGB Form 22 show he was awarded the State of Illinois Long and Honorable Service Medal (First Award).  He further states his separation documents should be corrected to reflect his legal name change.  He attributes the errors in his record to his belief that his company commander and supply sergeant disposed of his DA Form 201 (Military Personnel Records Jacket) which contained all the pertinent information needed to correct these errors.

3.  The applicant provides:

* three DD Forms 214
* a memorandum showing he was awarded the State of Illinois Long and Honorable Service Medal (First Award)
* an NGB Form 22
* a Circuit Court of Illinois Petition for Change of Name(s)
* an Army National Guard (ARNG) Retirement Points History Statement
* a letter from the Illinois Army and Air National Guard, Office of the Inspector General

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's Official Military Personnel File (OMPF) shows that he enlisted in the Illinois Army National Guard (ILARNG) on 27 March 2000.  During his most recent period of mobilization, he was assigned to the 2d Battalion of the 130th Infantry Regiment.  He was honorably discharged from the Illinois Army National Guard and transferred to the U.S. Army Reserve Control Group (Annual Training), effective 5 November 2007.

3.  The name shown on his enlistment contract is "D____l V. M____o."  However, his OMPF contains a DA Form 4187 (Personnel Action), dated 25 April 2000, which shows he requested to change his then current name from "D____l V. M____o" to "D____l V. M____o-U____h."  In support of this request, he provided his birth certificate, Social Security Card, and Illinois State Identification card; all of which show his name as "D____l V. M____o-U____h."  The request was approved and it was authorized to amend his records accordingly.  A thorough review of the documents contained in his military personnel records, many of which bear his signature, shows his name consistently appears as "D____l V. M____o-U____h."

4.  Department of Defense, Military Entrance Processing Station, Des Plaines, IL, Orders 196-06, dated 12 October 2000, ordered the applicant to initial active duty for training (IADT), effective 3 January 2001 for a period of approximately 16 weeks or until completion of basic and military occupational specialty (MOS) training.

5.  The applicant's DD Form 214 for the period ending 4 May 2001 shows he completed initial entry training and was awarded MOS 11C (Indirect Fire Infantryman).  On 4 May 2001, he was released from active duty training and assigned to the ILARNG.

6.  Department of Military Affairs, State of Illinois, Springfield, IL, Orders 003-314, dated 3 January 2002, involuntarily ordered the applicant to active duty under the provisions of 10 U.S.C. 12302 in support of Operation Enduring Freedom effective 4 January 2002 for a period not to exceed 365 days.

7.  The applicant's DD Form 214 for the period ending 27 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 27 August 2002, a total of 236 days.  This DD Form 214 also shows the applicant served in Germany for the period 23 January 2002 through 28 July 2002, for a total of 187 days overseas.

8.  Department of Military Affairs, State of Illinois, Springfield, IL, Orders 358-111, dated 23 December 2004, involuntarily ordered the applicant to active duty under the provisions of 10 U.S.C. 12302 in support of Operation Iraqi Freedom effective 5 January 2005 for a period not to exceed 545 days.  Orders 003-049, dated 3 January 2005, amended Orders 358-11 by changing the period of active duty to not exceed 494 days and to show the applicant would convert to COTTAD status on 15 May 2006.

9.  U.S. Army Human Resources Command, Alexandria, VA, Orders A-02-505819, dated 28 February 2005, ordered the applicant to active duty under the voluntary provisions of 10 U.S.C. 12301(D) in COTTAD support of Operation Iraqi Freedom effective 14 May 2006 for a period of 51 days including accumulated leave.
10.  The applicant's DD Form 214 for the period ending 30 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 13 May 2006, a total of 494 days.  This DD Form 214 also shows the applicant served in Kuwait and Iraq for the period 18 May 2005 through 27 April 2006, for a total of 345 days of "boots on the ground" (BOG).  This form also shows he served in a COTTAD status from 14 May 2006 to 30 June 2006, a period of 48 days.

11.  Item 1 (Last Name - First Name - Middle Name) of his DD Forms 214 for the periods ending 4 May 2001, 27 August 2002, and 30 June 2006 show his name as "D____l V. M____o-U____h."  None of these documents show he was awarded the State of Illinois Long and Honorable Service Medal (First Award).

12.  The applicant's record contains, and he also provides, a memorandum rendered by the Company Commander of Headquarters and Headquarters Company, 2nd Battalion, 130th Infantry Regiment on 20 August 2005.  This memorandum shows he was awarded the State of Illinois Long and Honorable Service Medal (First Award) for the period 27 March 2000 to 26 March 2005.

13.  The applicant's NGB Form 22 for the period 27 March 2000 through 5 November 2007 contains the following pertinent information:  

	a.  Item 1 (Last Name - First Name - Middle Name) of his NGB Form 22 shows his name as "D____l V. M____o-U____h."

	b.  Item 15 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded this Period (State awards may be included)) of this form shows he was awarded the "IL-L&H-1" which reflects the State of Illinois Long and Honorable Service Medal (First Award).

	c.  Item 18 (Remarks) shows he served on active duty from 4 January to 27 August 2002 and from 5 January 2005 to 30 June 2006 as indicated on his aforementioned DD Forms 214.

14.  The applicant's record contains Department of Military Affairs, State of Illinois, Camp Lincoln, Springfield, IL, Orders 347-115, dated 13 December 2007, which show he was honorably discharged from the ARNG and transferred to the U.S. Army Reserve Control Group (Annual Training), effective 5 November 2007. His name appears as "D____l V. M____o-U____h" on these orders.

15.  The applicant provides:  

	a.  a Circuit Court of Illinois Petition for Change of Name(s) which shows his pet1tion to legally change his name from "D____l V. M____o-U____h" to "G__o M____o" was approved, effective 20 November 2006.

	b.  an ARNG Retirement Points History Statement which further corroborates his aforementioned periods of active duty service.

	c.  a letter from the Illinois Army and Air National Guard, Office of the Inspector General, dated 10 July 2008, wherein an Assistant Inspector General informed him that he had been identified as one of many Soldiers who had served on deployments, but may not have received their allowed AIP.  The letter advised the applicant that if he believed he may be due AIP he should review the following eligibility criteria:

		(1)  He must have served 24 months of mobilization time with his 24th month being in theater.

		(2)  He must verify he had not been paid AIP already.  AIP amounts were $1,000.00 for each month, starting at the 22nd month, until the end of his mobilization.

		(3)  Some Soldiers received their travel pay at the end of their mobilization and believed that it was their AIP so, he should check to see if this was the case for him.

16.  In an advisory opinion previously obtained from the Chief, Personnel Policy and Readiness Division of the National Guard Bureau; the Chief, Personnel Policy and Readiness Division, opined that based on the guidance from the Secretary of Defense and the President of the United States pertaining to involuntary mobilization authorization, Reserve Component Soldiers can only be involuntarily mobilized for 730 days under the provisions of 10 U.S.C. 12302 and they must be involuntarily mobilized and serve as such for a minimum of 730 days, 365 days of which were in theater, in order to be eligible for receipt of AIP.

17.  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 10 U.S.C. 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 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 10 U.S.C. 12302 to voluntary COTTAD orders under the provisions of 10 U.S.C. 12301(d).

18.  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 continental United States (CONUS) locations and 545 days for Soldiers serving outside continental United States (OCONUS) locations.  Soldiers supporting valid Global War on Terrorism requirements could request COTTAD orders totaling 1095 days.  Requests beyond authorized durations required Department of the Army Deputy Chief of Staff G-1 approval prior to Human Resources Command-Alexandria publishing orders.

19.  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 10 U.S.C. 12302 remaining to complete the required BOG period with their units, and voluntarily request a COTTAD in order to complete 12 months of BOG with their units (OCONUS in the Central Command's area of responsibility).

	Category 2:  Applies to Soldiers mobilized under the provisions of 10 U.S.C. 12302, partial mobilization, who are already deployed and request a COTTAD to complete 12 months of 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 10 U.S.C. 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 10 U.S.C. 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 are 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.
20.  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 of 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 10 U.S.C. 12302 and to serve under the provisions of 10 U.S.C. 12301(d) on an extended tour up to 12 additional months or to be reassigned to another unit upon completion of 12 months of 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.

21.  Army Regulation 600-8-22 (Military Awards) prescribes the Army policy, criteria, and administrative instructions concerning individual military awards.  This regulation lists authorized awards and decorations and their order of precedence for entry on the DD Form 214.

22.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service, or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active service.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be amended to show that he completed 730 days of involuntary mobilization under the provisions of 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.  He further contends that he should receive payment of retroactive entitlements associated with AIP.  Each of these contentions was carefully considered.

2.  Evidence shows that the applicant was involuntarily mobilized for 730 days during the periods 4 January 2002 through 27 August 2002 and 5 January 2005 through 13 May 2006.  The applicant also served a voluntary tour of active duty in COTTAD status under the voluntary provisions of 10 U.S.C. 12031(d) during the period 14 May through 30 June 2006.  During his mobilizations he served in theater from 18 May 2005 through 27 April 2006, a total of 11 months and 10 days (345) BOG.

3.  The applicant has failed to provide any documentation showing he never received AIP or that he ever requested payment of retroactive AIP from the Defense Finance and Accounting Services.  Based on applicable law and regulation the applicant is not authorized to participate in the AIP program unless it can be verified that he has fulfilled the minimum requirements of serving at least 730 days mobilization under 10 U.S.C. 12302 with 12 months BOG.  In this case, the applicant completed 730 days of cumulative involuntary mobilization.  However, he only completed 345 days BOG which is 20 days less than the requirement.  Therefore, he is not entitled to AIP.  

4.  With respect to State ribbons, State awards are not governed by, or listed in, Army Regulation 600-8-22.  Therefore, entry of State awards on the applicant's DD Form 214 is not authorized.  By regulation, only awards authorized by Army Regulation 600-8-22 are entered in item 26 of the DD Form 214.  Given that his State ribbons/medals are not awards recognized by Army Regulation 600-8-22, even when they are received during an active duty period covered by a DD Form 214, they would not be an authorized entry.  Thus, there is no basis for correcting his DD Form 214 to show award of the State of Illinois Long and Honorable Service Medal (First Award).

5.  A review of the applicant's NGB Form 22 shows his award of the State of Illinois Long and Honorable Service Medal (First Award) is properly annotated in item 15 of the form.  Therefore, there is no requirement for further correction of his NGB Form 22 as pertains to this award.

6.  The applicant's contention that his military records, to include his DD Forms 214 and NGB Form 22, should be changed to show his name as "G__o M____o" was carefully considered.

7.  The evidence of record shows that following approval of his request to change his name in all military records, dated 25 April 2000, his name consistently appeared as "D____l V. M____o-U____h" on every document in his available service personnel records throughout his period of service.  He authenticated several of these documents by placing his signature in the appropriate blocks.

8.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.

9.  The fact that he legally changed his name to "G__o M____o" following his periods of active duty service is duly noted.  However, this does not change the conditions and circumstances that existed at the time his service records were created.

10.  The applicant is advised that a copy of this decisional document will be filed in his official military personnel file (OMPF).  This should serve to clarify any questions that may arise regarding the name recorded in the applicant's military records and satisfy his desire to have the requested name documented in his OMPF.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _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)                                         AR20120008983





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ABCMR Record of Proceedings (cont)                                         AR20120008983



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