IN THE CASE OF: BOARD DATE: 26 August 2008 DOCKET NUMBER: AR20080006588 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 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 his orders to active duty, COTTAD volunteer packet, DD Forms 214 (Certificate of Release or Discharge from Active Duty), and DD Form 215 (Correction to DD Form 214) as additional documentary evidence in support of this application. CONSIDERATION OF EVIDENCE: 1. The applicant's record shows that he is a member of the Colorado Army National Guard. He holds the military occupational specialty 153D (UH-60 Pilot) and the grade of chief warrant officer two (CW2)/pay grade W-2. 2. Departments of the Air Force, National Guard Bureau, 140th Security Forces Squadron, Buckley Air Force Base, Aurora, Colorado Special Order RM-110, dated 6 March 2002, show that the applicant was voluntarily ordered to active duty under the provisions of 10 U.S.C. 12301(d) in support of Operation Noble Eagle on 12 February 2002 for a period not to exceed 139 days. 3. Department of the Air Force, National Guard Bureau, 140th Security Forces Squadron, Buckley Air Force Base, Aurora, Colorado Special Order RM-126, dated 3 July 2002, show that the applicant was involuntarily ordered to active duty under the provisions of 10 U.S.C. 12302 in support of Operation Noble Eagle on 25 June 2002 for a period of 12 months. 4. Department of the Air Force, National Guard Bureau, 140th Security Forces Squadron, Buckley Air Force Base, Aurora, Colorado Special Order RM-51, dated 12 July 2003, show that the applicant was voluntarily ordered to active duty under the provisions of 10 U.S.C. 12301(d) in support of Operation Noble Eagle for the period 15 July 2003 through 11 November 2003. 5. The applicant's DD Form 214 for the period ending 1 June 2004, shows he was ordered to active duty under the provisions of 10 U.S.C. 12302 in support of Operation Iraqi Freedom and served for the period 12 February 2002 through 01 June 2004, a total of 841 days. This DD Form 214 also shows the applicant served in Al Udid, Qatar for the period 14 December 2002 through 27 April 2003, a total of 135 days boots on ground (BOG). 6. State of Colorado, Department of Military Affairs, Centennial, Colorado, Orders 111-069, dated 21 April 2006, show that the applicant was involuntarily ordered to active duty under the provisions of 10 U.S.C. 12302 in support of Operation Iraqi Freedom on 21 April 2006 for a period not to exceed 545 days. 7. The applicant's DD Form 214 for the period ending 5 September 2007, 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 21 April 2006 through 5 September 2007, a total of 503 days. This DD Form 214 also shows the applicant served in Iraq for the period 30 August 2006 through 12 August 2007, a total of 348 days BOG. 8. DD Form 215, dated 3 October 2007, corrected Item 18 (Remarks) of the applicant's DD Form 214 issued for the period ending 1 June 2004 by deleting the entry "Member served on active duty in support of Operation Iraqi Freedom in accordance with (IAW) the provisions of 10 U.S.C. 12302 at Buckley Air Force Base (AFB) from 12 February 2002 to 15 November 2003." This form added the comment "Member served on active duty in support of Operation Noble Eagle IAW the provisions of 10 U.S.C. 12301(d) at Buckley AFB, Aurora, Colorado from 12 February 2002 through 11 April 2002 and from 15 July 2003 through 15 November 2003. Member served on active duty in support of Operation Noble Eagle IAW the provisions of 10 U.S.C. 12301(d) at Buckley AFB, Aurora, Colorado from 25 June 2002 through 14 July 2003. Member served on active duty IAW the provisions of 10 U.S.C. 12301(d) Al Udid, Qatar in support of Operation Southern Watch from 13 December 2002 through 27 April 2003." 9. Colorado Army National Guard, Joint Forces Headquarters, Centennial, Colorado, Memorandum, dated 20 December 2007, Subject: Request for COTTAD Order, shows that due to an administrative error on the applicant's DD Form 214, his COTTAD request was not submitted in a timely manner prior to his mobilization. The memorandum further shows that following receipt of the DD Form 215 correcting the erroneous DD Form 214, the applicant submitted a retroactive COTTAD request. 10. The applicant's records contain a COTTAD volunteer packet, dated 20 December 2007, which shows that he acknowledged and accepted reassignments in a COTTAD status through the end of his mobilization. This request was endorsed by his battalion commander and the Colorado State Adjutant General's designated representative. 11. An advisory opinion was obtained from the Chief, Personnel Policy and Readiness Division of the National Guard Bureau. The Chief, Personnel Policy and Readiness Division recommended that the application be approved and that he be paid all entitlements associate with AIP during his period of eligibility. 12. The Chief, Personnel Policy and Readiness 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 initial involuntary mobilization should have been for the period of 12 February 2002 through 11 February 2004 to complete 730 days in 12302 status. It was also opined that the applicant's initial voluntary 12301(d) COTTAD order should have commenced on 12 February 2004 and continued through 5 September 2007, a total of 111 days in AIP eligibility status. 13. The Chief, Personnel Policy and Readiness Division concluded that the applicant's entire second mobilization from 21 April 2006 through 5 September 2007 should have been under the voluntary provisions of 10 U.S.C. 12301(d), an additional 503 days in AIP eligibility status with a combined total of 614 days of AIP pay. 14. Department of the Army Personnel Policy Guidance 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). 15. 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. 16. 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 1344 days during the periods 12 February 2002 through 1 June 2004 and 21 April 2006 through 5 September 2007. 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 initial involuntary mobilization should have ended on 11 February 2004. Additionally, his initial voluntary COTTAD orders issued under the provisions of 10 U.S.C. 12301(d) should have commenced on 12 February 2004 and continued through 1 June 2004. Furthermore, the applicant's entire second mobilization from 21 April 2006 through 5 September 2007 should have been on voluntary COTTAD orders issued under the voluntary provisions of 10 U.S.C. 12301(d). 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 period 12 February 2002 through 11 February 2004 and voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the periods 12 February 2004 through 1 June 2004 and 21 April 2006 through 5 September 2007. 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 Department pay the applicant all AIP benefits entitled during the periods 12 February 2004 through 1 June 2004 and 21 April 2006 through 5 September 2007. 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 12 February 2002 through 11 February 2004; b. he was voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the periods 12 February 2004 through 1 June 2004 and 21 April 2006 through 5 September 2007; 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) AR20080006588 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080006588 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1