BOARD DATE:	  28 May 2015

		DOCKET NUMBER:  AR20140019098 


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 Army Assignment Incentive Pay (AIP) at a staff sergeant (SSG)/E-6 level with a Senior Explosive Ordnance Disposal (EOD) Badge.  

2.  He states:

	a.  the proper paperwork was sent through the chain of command for several months.  

   b.  based on the All Army Activities (ALARACT) Message 121/2013 that was issued, his AIP does not go into effect until an O-5 or higher signs it.  If the paperwork gets lost or the O-5 doesn't sign it right away, he gets penalized.

	c.  he should have received AIP back pay of $1,000 from 1 September 2012 to 31 January 2013.  However, he only received partial back pay of $180 and he started receiving the correct amount of $500 in February (year not indicated).  

3.  He provides:

* Permanent Order 061-10, dated 2 March 2009, awarding him the basic EOD Badge
* Permanent Orders 037-03, dated 6 February 2012, awarding him the Senior EOD Badge
* Orders 272-003, dated 28 September 2012, promoting him to SSG/E-6
* DA Form 4187 (Personnel Action), dated 7 May 2013
* DA Form 4187-1-R (Personnel Action Form Addendum)
* Defense Finance and Accounting Service (DFAS) Form 702 (DFAS Military Leave and Earnings Statement) for the month of February 2013
* Leave and Earnings Statements for September 2012 through March 2013
* Letter, undated, from the former commander of the 756th Ordnance Company (EOD)

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty in the rank of SSG/E-6.

2.  The applicant enlisted in the U.S. Army Reserve on 30 November 2006 under the Delayed Entry Program and he enlisted in the Regular Army on 7 March 2007 for a period of 6 years.

3.  His service record contains two DA Forms 1059 (Service School Academic Evaluation Report) which show he completed Phases 1 and 2 of the EOD Specialist Course in March 2008.

4.  He provided Permanent Order 061-10, dated 2 March 2009, issued by the EOD Training Battalion (Provisional), Eglin Air Force Base, FL, which awarded him the EOD Badge for successful completion of mandatory training on 2 March 2009.  

5.  Orders SB-162-0001, dated 11 June 2010, issued by the Directorate of Human Resources, Headquarters, U.S. Army Garrison, Schofield Barracks, HI, show he was deployed in a Temporary Change of Station status in support of Operation Enduring Freedom (Afghanistan) with a proceed date of 1 August 2010.  The applicant's proceed date was later amended to 20 September 2010.  

6.  He provided Permanent Orders 037-03, dated 6 February 2012, issued by the 303rd Ordnance Battalion (EOD), Schofield Barracks, HI, which awarded him the Senior EOD Badge for the period 2 March 2009 through 1 March 2012.

7.  He reenlisted on 15 March 2012 in MOS 89D (EOD Specialist) for a period of three years.  

8.  His service record contains a DA Form 1059, dated 18 May 2012, which shows he completed the EOD Specialist Advanced Leadership Course on 18 May 2012.  



9.  He provided Orders 272-003, dated 28 September 2012, issued by the 52nd Ordnance Group (EOD), Fort Campbell, KY which promoted him to 
SSG/E-6 in primary MOS 89D3P with an effective date and date of rank of 1 September 2012.

10.  Permanent Orders 298-013, dated 24 October 2012, issued by the 52nd Ordnance Group (EOD), Fort Campbell, KY, awarded the applicant Special Duty Assignment Pay (SDAP) of $375.00 per month, effective 12 October 2012.

11.  Permanent Orders 298-014, dated 24 October 2012, issued by the 52nd Ordnance Group (EOD), Fort Campbell, KY, awarded the applicant Demolition Hazardous Duty Incentive Pay of $150.00, effective 12 October 2012.

12.  He provided the following documents which show:

	a.  His Leave and Earning Statements for the months of September through December 2012 and January through March 2013, he received demolition pay and special duty pay during these periods.

	b.  An undated letter from the former commander of the 756th Ordnance Company (EOD) from April through November 2013, the applicant's date of promotion was 1 September 2012, the effective date of the signed DA Form 4187.  As part of the S1 Standard Operating Procedures, a DA Form 4187 was submitted on behalf of the applicant from sergeant and/or a specialist to the 63rd Ordnance Battalion (EOD) S1 section to acquire a DA Form 41871-1-R.  This document was lost through several administrative issues from both the company level (756th Ordnance Company (EOD) did not have required 42A (Human Resources Specialist) administrative personnel required by Modified Table of Organization and Equipment at time of loss) and 63rd Ordnance Battalion (EOD) (Lack of experienced and slotted personnel at 42A positions approximately 50 percent).  Due to the two separate deployments the company had to work with different administrative personnel until receiving a private first class (MOS 42A).  The DA Form 4187 and DA Form 4187-1-R upon reaching DFAS had a separation date of several months and they were required to resubmit all documents.  Those documents were resubmitted every month after pay was received until an All ALARACT Message came addressing the exact pay due to all Soldiers receiving AIP and SDAP within the EOD career field.  ALARACT 121/2013 states, "THE MONTHLY PAYMENT OF AIP IS DETERMINED BY PAY GRADE AND TIME ACCREDITED TO WORKING THE EOD FIELD UPON GRADUATION FROM THE NAVSCHOLEOD.  AIP IS PAID IN MONTHLY AMOUNTS IAW [IN ACCORDANCE WITH] TABLE 15-1 OF REFERENCE C ABOVE.  AGREEMENTS BECOME EFFECTIVE ON THE DATE THE FIRST FIELD GRADE OFFICER IN THE CHAIN OF COMMAND SIGNS THE AGREEMENT."

   c.  A DA Form 4187, dated 7 May 2013, he voluntarily requested to remain on active duty in an EOD assignment as an EOD Team Leader for 36 months, from the date of this agreement and he agreed to accept AIP of $500.00 per month for each full month he serves in this assignment for the months specified above.  

   d.  A DA Form 4187-1-R, dated 7 May 2013, the Battalion Commander/Lieutenant Colonel of the 63rd Ordnance Battalion (EOD) approved the applicant's request on the date of document.  

13.  On 14 November 2014, an advisory opinion was obtained from the Reserve Incentives Program Manager, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1 who recommended granting full relief to the applicant's request to receive payments that the applicant otherwise would have received if it was not for the administrative errors.  The advisory official opined that:

	a.  the applicant became eligible to receive AIP; however, no payments could be made until the approval was signed by the first field grade officer in his chain of command. 

	b.  administrative errors caused the approval to be delayed, thus allowing months to go by in which the applicant received no payments.

	c.  although the applicant eventually began receiving the AIP payments, there is still the matter of the months that he did not receive payments when he was indeed eligible.

14.  On 18 November 2014, the applicant was provided a copy of the advisory opinion; however, he did not respond within the allotted 30 days.

15.  On 17 February 2015, he reenlisted for a period of three years.  

16.  ALARACT Message 121/2013, Date-Time Group 071800Z May 13 states that the purpose of AIP is to provide an additional monetary incentive in the assignment process to encourage members to volunteer for difficult-to-fill, or less desirable assignments, assignment locations, or certain assignment periods.  

   a.  AIP is paid in monthly increments in the amounts authorized for each program.  Lump sum or other forms of installment payments are not authorized unless otherwise noted under each program.  
   
   b.  The approval authority for this program is the first field grade officer in the Soldier's chain of command.

	c.  For the EOD AIP Program, Soldiers in the MOS of 89D, MOS 00Z or accession MOS 89D who graduate from the Naval School EOD (NAVSCHOLEOD) with at least 12 months remaining in service, who agree to serve 12 to 36 months assigned to an EOD billet, while performing EOD duties may apply for AIP, Army National Guard and Army Reserve 89D Soldiers who meet the eligibility criteria listed above will receive a prorated AIP amount based on their drilling status.  

	d.  The monthly payment of AIP is determined by pay grade and time accredited to working the EOD field upon graduation from the NAVSCHOLEOD.  Agreements become effective on the date the first field grade officer in the chain of command signs the agreement.  

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders show the applicant was awarded the Senior EOD Badge on 6 February 2012.  

2.  The applicant was promoted to SSG/E-6 on 1 September 2012, the same date a DA Form 4187 was submitted to acquire a DA Form 4187-1-R for approval of AIP supplement.  

3.  The evidence of record shows the applicant became eligible for the AIP supplement on 1 September 2012 at the rank of SSG/E-6.  However, through no fault of the applicant, the DA Form 4187 was lost through several administrative issues.  

4.  The Office of the Deputy Chief of Staff, G-1 advisory opinion stated:

	a.  No payments could be made until the approval was signed by the first field grade officer in his chain of command.  

   b.  Administrative errors caused the approval for AIP to be delayed.  As a result, there was a period of time in which the applicant did not receive AIP payments.
   
   c.  The applicant eventually began to receive AIP payments, but there is still the matter of the months that he did not receive payments for the months he was eligible.  

5.  As a matter of equity, it would be appropriate for the DFAS to pay him all AIP benefits to which he is entitled during the period 1 September 2012 through 31 January 2013.

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:

   a.  showing he was authorized AIP for the period 1 September 2012 through 31 January 2013; and
   
	b.  paying him all entitlements associated with AIP during the period 1 September 2012 through 31 January 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.



ABCMR Record of Proceedings (cont)                                         AR20140019098





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140019098



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1