IN THE CASE OF:
BOARD DATE: 22 January 2015
DOCKET NUMBER: AR20140018021
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 correction of his record to show he entered into a written agreement upon arriving in Korea authorizing entitlement to Assignment Incentive Pay (AIP) of $300.00 per month for the period 15 July 2011 to 21 June 2013.
2. The applicant states the application process was not completed prior to departing on a permanent change of station to the Continental United States.
3. The applicant provides:
* 4 memoranda
* 2 DD Forms 2367 (Individual Overseas Housing Allowance Report
* 2-pages of a Special Lease Agreement
* Military Personnel (MILPER) Message Number 09-040
* 3-pages of a Defense Finance and Accounting Service Case View
* DA Form 4187 (Personnel Action)
CONSIDERATION OF EVIDENCE:
1. The applicant is a Regular Army noncommissioned officer currently serving on active duty in the rank/grade of sergeant first class/E-7.
2. On 15 July 2011, he was approved for a joint domicile assignment and command sponsorship at Camp Stanley, Korea. His date of eligibility to return from overseas (DEROS) was established as 18 January 2013.
3. On 30 May 2012, the applicant's request for foreign tour extension was approved. This action adjusted the applicant's DEROS date to 21 June 2013.
4. The applicant provides:
a. A Certificate of Non-Availability for On-Post Housing, issued by the Chief, Housing Services Officer, U.S. Army Garrison Red Cloud, dated 19 June 2013, which states, "Housing adequate for the individual's grade will not be available during the individual's tour, effective 15 July 2011."
b. MILPER Message Number 09-040, entitled Korea Tour Normalization, issued 3 March 2009, paragraph 5B states, "for areas authorized 36-month accompanied-by-dependents tour, Soldiers may accept a 36-month or 24-month accompanied tour. It is currently proposed that Soldiers electing a 36-month accompanied-by-dependents tour may receive AIP in the form of $300.00 per month. It is also proposed that for those Soldiers electing to serve a 24-month accompanied-by-dependents tour in Dongducheon or Uijeonbu (Area 1) may also be entitled to receive AIP in the form of $300.00 per month if family members reside in Area 1."
5. An advisory opinion from the Department of the Army, Office of the Deputy Chief of Staff, G-1, recommends granting the applicant's request for AIP for the period 15 July 2011 to 21 June 2013. The Chief, Compensation and Entitlements Division, points out that the applicant accepted a 24-month accompanied tour (Command Sponsorship/Joint Domicile) to Area 1 with dependents residing in Area 1. For reasons unknown, the applicant did not complete the written agreement upon arriving in Korea which would have entitled him to $300.00 per month for the period stated above.
6. The advisory opinion was provided to the applicant. To date, he has not responded.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should have been paid AIP for his
24-month tour in Korea has been noted and appears to have merit.
2. An advisory opinion from the Office of the Deputy Chief of Staff, G-1, as clarified, notes the applicant accepted a 24-month accompanied tour (Command Sponsorship/Joint Domicile) to Area 1 with dependents residing in Area 1.
3. While requests for AIP are required to be submitted upon arrival in the host country, it is apparent that he was unaware of the entitlement as it is doubtful that a reasonable person, especially one serving in the pay grade of E-7, would ignore the opportunity to receive an additional $300.00 per month had they known of the entitlement.
4. In view of the foregoing findings and conclusions, and as a matter of equity, his records should be corrected to show that he entered into a written AIP agreement upon his arrival in Korea which entitled him to $300.00 per month for his 24-month tour in Area 1, accompanied by his 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 he entered into a written agreement which entitled him to $300.00 per month for the 24-month tour in Area 1, accompanied by dependents in Area 1 for the period 15 July 2011 to 21 June 2013.
____________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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