IN THE CASE OF:	  

	BOARD DATE:	  10 June 2008

	DOCKET NUMBER:  AR20080006627 


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 amendment of his unit's deployment orders and payment of retroactive entitlements associated with Involuntary Assignment Incentive Pay (AIP).

2.  The applicant states, in effect, that his records should be amended to show the involuntary extension of his unit's deployment in Iraq required him to serve beyond the 365 day boots on ground (BOG) requirement in order to be eligible for receipt of Involuntary AIP.

3.  The applicant provides copies of the Deputy Secretary of Defense's reply to a Congressional inquiry on a similar case and the Department of the Army Office of the Inspector General's reply to a Congressional inquiry pertaining to his unit's eligibility for Involuntary AIP in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that as a member of the United States Army Reserve, he was assigned to the 454th Transportation Company of the 1225th Corps Support Battalion.

2.  Headquarters, First United States Army, Fort Gillem, Georgia Permanent Orders 312-71, dated 8 November 2003, ordered the applicant's unit and its members to active duty under the provisions of Title 10 United States Code (USC) 12302 and Department of Defense Directive 1235.10 in support of Operation Iraqi Freedom (OIF) on 7 December 2003 for a period not to exceed 730 days.

3.  Camp Atterbury, Edinburgh, Indiana Orders 038-196, dated 7 February 2004, deployed the applicant's unit to the Central Command's (CENTCOM) area of operation (AOR) in Kuwait in support of Operation Enduring Freedom (OEF) on 
8 February 2004 for a period of 365 days with possible extension of an additional 12 months. 

4.  Headquarters, 917th Corps Support Group, Forward Operations Base Endurance, Iraq memorandum, dated 24 January 2005, Subject:  Letter of Release for Redeployment of 454th Transportation Company, 1225th Corps Support Battalion authorized the applicant's unit and its members to depart the CENTCOM AOR for redeployment effective 14 February 2005.

5.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 2 April 2005, 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 7 December 2003 through 2 April March 2005.  The DD Form 214 also shows the applicant served in Kuwait and Iraq for the period 9 February 2004 through 28 February 2005, a total of 385 days.

6.  Department of the Army Office of the Inspector General letter, dated 5 July 2007, in effect, informed a Representative in Congress that CENTCOM had determined that due to an administrative error, an involuntary extension was not authorized in 2005 for the 454th Transportation Company.  The letter continues that this error kept eligible Soldiers from receiving the involuntary extension incentive package of $200 per month in additional hardship duty pay and 
$800 per month in AIP.  The letter concluded the Army Board for Correction of Military Records (ABCMR) has the authority to correct this error and grant relief for all eligible Soldiers.

7.  An advisory opinion was obtained from the Chief, Compensation and Entitlements Division of the Department of the Army Office of the Deputy Chief of Staff G-1.  The Chief, Compensation and Entitlements Division recommended that the application be approved.

8.  The Chief, Compensation and Entitlements Division opined that based on the Department of the Army Personnel Policy Guidance, Soldiers/units who are involuntarily extended by the Secretary of Defense for extension 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.

9.  The Chief, Compensation and Entitlements Division further opined that:

	a.  The applicant's unit did serve involuntarily for a period greater than 
365 days BOG in Iraq.

	b.  Due to an administrative error, the officials within the Combatant Commander's office did not request Secretary of Defense approval for extension of this unit.  However, subsequent investigations have granted that this unit was involuntarily extended and approved by Central Command.

	c.  Members of this unit do qualify for Involuntary AIP for the period they served greater than 365 days BOG.  This monthly Involuntary AIP is not prorated as it is due to an involuntary extension.

10.  Department of the Army Personnel Policy Guidance paragraph 8-3 (Military Pay and Allowances) provides, in pertinent part, that Soldiers/units who are involuntarily extended by the Secretary of Defense for extension 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.  In addition, 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.

	a.  Qualifying units are those units that are extended involuntarily in current deployment or that are deploying in the future, beyond 12 months BOG.

	b.  Units are defined as those entities that support the Brigade Combat Team (BCT) down to the company level to include separate companies or detachments, and echelons above brigade involuntarily extended by the Secretary of Defense.

	c.  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 AOR.

	d.  Involuntary AIP is calculated at the start of  the unit’s original BOG date and ends at the end of the unit’s extension when 51 percent of the unit returns from theater.

	e.  Should a Soldier depart theater for more than 31 days, the Soldier’s BOG is temporarily placed in an inactive status until the Soldier returns to theater.  The BOG clock resumes when the Soldier returns from theater.  The BOG clock does not start over.

	f.  Qualifying Soldier’s chain-of-command will submit a DA Form 4187 to the servicing Finance Detachment.   One DA Form 4187 may be used per unit as long as the BOG dates are the same for all Soldiers.  A separate DA Form 
4187 is needed for all Soldiers with a different BOG date from the main body of the unit.  There is no longer a requirement for each Soldier to sign the agreement.

	g.  Verification of Soldier eligibility on the DA Form 4187 is delegated to the first field grade officer in the chain-of-command.  These payments will stop the day the Soldier is no longer entitled to Hostile Fire Pay (HFP).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his records should be amended to show that the involuntary extension of his unit's deployment in Iraq required him to serve beyond the 365 day BOG requirement in order to be eligible for receipt of Involuntary AIP and that he should be paid retroactive entitlements associated with Involuntary AIP were carefully considered and determined to have merit.

2.  Evidence shows that the applicant served in Kuwait and Iraq during the period 
9 February 2004 through 28 February 2005 for a total of 385 days.

3.  Department of the Army Personnel Policy Guidance provides that Soldiers/units who are involuntarily extended by the Secretary of Defense for extension 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.

4.  Department of the Army Office of the Inspector General determined that due to an administrative error, an involuntary extension was not authorized in 
2005 for the 454th Transportation Company and kept eligible Soldiers from receiving the involuntary extension incentive package of $1000 per month.

5.  Based on the foregoing, it would be appropriate in this case to amend the applicant's records to show that he was deployed under the provisions of 
10 U.S.C. 12302 during the period 9 February 2004 through 8 February 
2005 and his deployment was involuntarily extended under the provisions of 
10 U.S.C. 12302 during the period 9 February 2005 through 28 February 2005.

6.  Additionally, the applicant is entitled to payment of $1000.00 per month of Involuntary AIP during the period that he was serving under his unit's involuntary extension.  As a result it would be appropriate that the Defense Finance and Accounting Service pay the applicant all Involuntary AIP benefits entitled during the period 9 February 2005 through 28 February 2005.

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 deployed under the provisions of 10 U.S.C. 
12302 during the period 9 February 2004 through 8 February 2005;

	b.  the applicant's deployment was involuntarily extended under the provisions of 10 U.S.C. 12302 during the period 9 February 2005 through 
28 February 2005; and

	c.  the applicant be paid all benefits associated with Involuntary Assignment Incentive Pay during the period that he was involuntarily deployed under 10 U.S.C. 12302.




      ___________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)                                         AR20080006627





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ABCMR Record of Proceedings (cont)                                         AR20080006627



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