IN THE CASE OF:
BOARD DATE: 13 January 2015
DOCKET NUMBER: AR20140017588
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 retroactive Assignment Incentive Pay (AIP) for her accompanied tour in Korea.
2. The applicant states, in effect, that she was entitled to receive AIP for her accompanied tour in Camp Stanley, Korea during the period 6 January 2011 to 21 June 2013. However, she was not properly informed and her application for AIP was not completed prior to her departure.
3. The applicant provides copies of her approved command sponsorship for Camp Stanley, Korea, her request for AIP to the Defense Finance and Accounting Service (DFAS), and a copy of MILPER Message Number 09-040 (Korea Tour Normalization).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 21 September 2006 for a period of 4 years. She completed her training and remained on active duty.
2. On 18 October 2010, while serving in the pay grade of E-4, she reenlisted for a period of 3 years and assignment to Korea. She was transferred to Korea on 6 January 2011.
3. On 15 July 2011, she was approved for a joint domicile assignment and command sponsorship at Camp Stanley, Korea. Her date of eligibility to return from overseas (DEROS) was established as 18 January 2013.
4. On 21 November 2012, she reenlisted for a period of 4 years. She departed Korea on 21 June 2013 and was transferred to Fort Bragg, North Carolina.
5. In the processing of this case a staff advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1 which opines that the applicant would have been entitled to AIP from 15 July 2011 to 21 June 2013 if she had entered into an agreement upon arriving in Korea and it would have entitled her to an additional $300.00 per month. Officials at the Office of the Deputy Chief of Staff, G-1 recommend that the Board correct the applicantÂ’s records to show that she entered into an agreement upon arrival in Korea that entitled her to $300.00 per month of AIP for her 24-month tour in Area 1, accompanied by her dependents in Area 1. The advisory opinion was provided to the applicant for comment and to date, no response has been received by the staff of the Board.
DISCUSSION AND CONCLUSIONS:
1. The applicantÂ’s contention that she should have been paid AIP for her 24-month tour in Korea has been noted and appears to have merit.
2. While requests for AIP are required to be submitted upon arrival in the host country, it is apparent that she was unaware of the entitlement as it is doubtful that a reasonable person, especially one serving in the pay grade of E-4, would ignore the opportunity to receive an additional $300.00 per month had they known of the entitlement.
3. Therefore, as a matter of equity, her records should be corrected to show that she entered into a written AIP agreement upon arrival in Korea which entitled her to $300.00 per month for the 24-month tour in Area 1, accompanied by dependents in Area 1.
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 she entered into a written AIP agreement upon arrival in Korea which entitled her to $300.00 per month for the 24-month tour in Area 1, accompanied by dependents in Area 1.
__________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.
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