IN THE CASE OF: BOARD DATE: 12 November 2008 DOCKET NUMBER: AR20080012858 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 a copies of his orders to active duty, DD Form 214 (Certificate of Release or Discharge from Active Duty), and a memorandum 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 Florida Army National Guard (FLARNG) currently serving on active duty. 2. Departments of the Army and the Air Force, Florida National Guard, Office of the Adjutant General, Saint Francis Barracks, Florida Orders P213-002, dated 1 August 2003, show that the applicant was ordered to active duty under the involuntary provisions of 10 U.S.C. 12302 in support of Operation Noble Eagle and Operation Enduring Freedom on 1 August 2003 for a period of 365 days. 3. The applicant's DD Form 214 for the period ending 30 July 2004, shows he was ordered to active duty under the provisions of 10 U.S.C. 12302 in support of Operations Noble Eagle and Enduring Freedom and served for the period 1 August 2003 through 30 July 2004, a total of 365 days. This DD Form 214 also shows the applicant served in Afghanistan for the period 9 September 2003 through 7 June 2004, for a total of 273 days boots on ground (BOG). 4. State of Florida Department of Military Affairs, Office of the Adjutant General, Saint Francis Barracks, Florida Orders 180-013, 28 September 2005, show that the applicant was ordered to active duty under the provisions of 10 U.S.C. 12302 in support of Operation Enduring Freedom on 24 September 2005 for a period not to exceed 365 days. 5. Department of the Army Human Resources Command, Alexandria, Virginia Orders A-08-622103, dated 23 August 2006, show that the applicant was ordered to active duty under the voluntary provisions of 10 U.S.C. 12301(d) in COTTAD support of Operation Iraqi Freedom on 24 September 2006 for a period not to exceed 365 days with an ending date of 23 September 2007. 6. 10th Special Forces Group (Airborne), Fort Carson, Colorado Memorandum, dated 1 March 2007, Subject: Request Individual Augmentation from Army National Guard to Support 10th Special Forces Group (Airborne) Combined Special Operations Task Force-Arabian Peninsula (CJSOTF-AP), shows the applicant volunteered to extend his mobilization and deployment in order to fulfill a critical personnel requirement. This memorandum further shows the 10th Special Forces Group commander requested amendment of the applicant's period of mobilization to end on 31 December 2007. 7. The Secretary of Defense directed the establishment of a new program to compensate 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 on 19 January 2007; the new policy was announced in ALARACT Message 137/2007 which was released on 15 June 2007. The Army's policy for AIP eligibility changed from 24 months of cumulative involuntary service under 10 U.S.C. 12302 status to 24 months of consecutive service under 10 U.S.C. 12302 status. The message also states that all AIP agreements entered prior to the effective date of this message will be honored; however, any new AIP agreements will be subject to the new policy. 8. Department of the Army Human Resources Command, Alexandria, Virginia Orders A-08-622103A02, dated 24 September 2007, amended Orders A-08-622103 by changing the applicant's period of active duty from 1 year, 0 months, and 0 days with an ending date of 23 September 2007 to 1 year, 0 months, and 22 days with an ending date of 15 October 2007. 9. Department of the Army Human Resources Command, Alexandria, Virginia Orders A-08-622103A03, dated 10 October 2007, further amended Orders A-08-622103 by changing the applicant's period of active duty from 1 year, 0 months, and 22 days with an ending date of 15 October 2007 to 1 year, 3 months, and 8 days with an ending date of 31 December 2007. 10. The record shows that the applicant was involuntarily mobilized during the period 1 August 2003 through 30 July 2004, a total of 365 days. The applicant was involuntarily mobilized once again for the period 24 September 2005 through 23 September 2006, for an additional 365 days; bringing him to a grand total of 730 days of involuntary mobilization. The applicant completed 730 cumulative days of involuntary mobilization under the provisions of 10 U.S.C. 12302 on 23 September 2006. The applicant was voluntarily mobilized under the COTTAD provisions of 10 U.S.C. 12301(d) during the period 24 September 2006 through 31 December 2007, for a total of 464 days in voluntary COTTAD status. 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. 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 second involuntary mobilization under the provisions of 10 U.S.C. 12302 should have been for the period of 24 September 2005 through 23 September 2006 to complete 730 days in 12302 status. It was also opined that the applicant's initial 12301(d) COTTAD order should have commenced on 24 September 2006 and continued through 31 December 2007, for a total of 464 days in AIP eligibility status. 13. 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 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). 14. 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. 15. 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 730 days during the periods 1 August 2003 through 30 July 2004 and 24 September 2005 through 23 September 2006. Based on applicable law and regulation, in effect at the time of his mobilization, the applicant was only authorized to be involuntarily mobilized for a total of 730 days. As a result, his second involuntary mobilization ended on 23 September 2006. Additionally, his initial voluntary COTTAD orders commenced on 23 September 2006 and continued through 31 December 2007. 3. The Secretary of Defense directed the establishment of a new program to compensate 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 on 19 January 2007; the new policy was announced in ALARACT Message 137/2007 which was released on 15 June 2007. The Army's policy for AIP eligibility changed from 24 months of cumulative involuntary service under 10 U.S.C. 12302 status to 24 months of consecutive service under 10 U.S.C. 12302 status. The message also states that all AIP agreements entered prior to the effective date of this message will be honored; however, any new AIP agreements will be subject to the new policy. 4. Evidence shows the applicant volunteered for mobilization in a COTTAD status under the provisions of 10 U.S.C. 12031(d) prior to implementation of the new AIP policy. Therefore, he is entitled to receipt of AIP entitlements based upon the policy in effect at the time he volunteered. 5. Based on the foregoing, it would be appropriate in this case to amend the applicant's finance records to show that he was involuntarily mobilized under the provisions of 10 U.S.C. 12302 during the periods 1 August 2003 through 30 July 2004 and 24 September 2005 through 23 September 2006 and voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period 23 September 2006 through 31 December 2007. 6. 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 period 23 September 2006 through 31 December 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 periods 1 August 2003 through 30 July 2004 and 24 September 2005 through 23 September 2006; b. he was voluntarily mobilized under the provisions of 10 U.S.C. 12301(d) during the period the period 23 September 2006 through 31 December 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) AR20080012858 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080012858 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1