IN THE CASE OF:  	  

		BOARD DATE:  15 October 2015	  

		DOCKET NUMBER:  AR20150000238 


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 payment of Assignment Incentive Pay (AIP) for his 24 month assignment to Dongducheon, Korea effective 
13 November 2013 as an exception to policy.

2.  The applicant states he and his dependents arrived in Area I, Dongducheon, Korea on 13 November 2013.  This fact should have been automatically identified by his unit and the AIP processed without him having to submit a DA Form 4187 (Personnel Action).  He finally sent up a DA Form 4187 to initiate the AIP in April 2014 but by that time a new Military Personnel (MILPER) Message was issued in February 2014 that changed the criteria and the Defense Finance and Accounting Service (DFAS) denied his request.  He received back pay for "save pay" in July 2014.  On his August 2014 Leave and Earnings Statement (LES) the "save pay" was identified as a debt and was taken from his paycheck.

3.  The applicant provides:

* an undated memorandum from Headquarters (HQ), 2nd Infantry Division, addressed to the Board subject: Retroactive AIP Program Korea for Fiscal Year (FY) 2013 signed by the Commanding General with supporting documents
* DA Form 1559 (Inspector General Action Request), dated 14 November 2014
* a memorandum, dated 6 April 2008, from the Office of the Under Secretary of Defense
* MILPER Message Number 11-145, issued 16 May 2011, Update to the AIP Program for Korea
* a memorandum, dated 13 March 2013, from HQ, 8th Army, subject: 8th Army Command Policy Letter #53 - AIP Program for Korea
* All Army Activities (ALARACT) Message 121-2013, dated 7 May 2013, subject: AIP Program Guidance for Calendar Year (CY) 2013
* MILPER Message Number 14-037, issued 12 February 2014, Update to the AIP Program for Korea

CONSIDERATION OF EVIDENCE:

1.  He previously served 3 years, 5 months, and 5 days in the Regular Army in an enlisted status. 

2.  On 21 June 2013, he was commissioned a second lieutenant in the Regular Army.

3.  U.S. Army Installation Management Command Pacific memorandum, dated 31 October 2013, subject:  Family Travel/Command Sponsorship Approval for (Applicant), granted him command sponsorship for Korea.

4.  U.S. Army Installation Management Command Pacific memorandum, dated 5 November 2013, subject:  Family Travel/Command Sponsorship Approval for (Applicant), granted him concurrent travel to economy quarters in Dongducheon.

5.  HQ, U.S. Army Cadet Command, Fort Knox, KY Orders 066-017-A-1333, dated 7 March 2013, as amended by Order 305-020 dated 1 November 2013, assigned him with his family to the 1st Brigade, 2nd Infantry Division in Korea with an effective reporting date of 13 December 2013. 

6.  In an undated memorandum the Commanding General, 2nd Infantry Division, stated the applicant and his command sponsored family arrived on 13 November 2013 for his assignment in Dongducheon, Korea.  The commander stated the applicant was authorized AIP for Korea in accordance with MILPER Message Number 11-145, dated 16 May 2011, that expired on 1 June 2013 and per ALARACT Message 121/2013, dated 7 May 2013, that expired 31 December 2013.  He also stated that administrative errors occurred in the processing of the applicant’s request for AIP by military personnel.  

7.  In the processing of this case, an advisory opinion, dated 8 April 2015, was obtained from the Chief, Compensations and Entitlements, Office of the Deputy Chief of Staff G-1, Department of the Army.  The opinion states the applicant is serving on a 24-month with dependent tour in Area I, qualifying him for payment of $300 per month for the Korea AIP effective on the date of an approved written agreement per MILPER Message 11-145.  Due to no fault of his, he was unaware of the incentive pay when he arrived in Korea.  He was first made aware of the AIP in August 2014.  His personnel office failed to inform him of the program during his in-processing and failed to advise him of the requirement to sign a written agreement to initiate the AIP for Korea.  If the Board chose to correct his records, he would be entitled to AIP for $300 per month for the period November 2013 through his projected departure in October 2015.

8.  On 9 April 2015, the applicant was sent a copy of the advisory opinion for his comments or rebuttal.  He has not responded.

9.  MILPER Message Number 11-145, dated 16 May 2011, title:  Update to the AIP Program for Korea, provided eligibility criteria for AIP for Soldiers on assignment to Korea.  This MILPER Message expired on 1 June 2013.

10.  ALARACT Message 121/2013, dated 7 May 2013, subject: AIP Program Guidance for CY 2013 provided guidance for eligibility for the AIP Program for CY 2013.  The AIP Program was an incentive program that encouraged Soldiers and officers to bring their families to Area I - Dongducheon for a 24-month overseas tour and in doing so, they would receive $300 per month.  Part II, paragraph 1A provided three categories of assignments eligible for this program.  Part II, paragraph 1A(2) stated that Soldiers who volunteer for a 24-month initial assignment to Uijeongbu or Dongducheon are eligible for AIP effective on the date of arrival to the assignment.

DISCUSSION AND CONCLUSIONS:

Sufficient evidence has been presented showing the applicant is authorized Korea AIP for his 24-month initial command-sponsored tour in Korea which began on 13 November 2013.  Due to documented administrative errors at his unit, he did not receive the AIP.  In view of the foregoing evidence, he should be paid retroactive Korea AIP from 13 November 2013 through October 2015.  

BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 the applicant is authorized payment of Korea AIP for the period from 13 November 2013 through October 2015 (his date of departure from Korea)
* paying him retroactive Korea AIP as a result of this correction




      ___________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)                                         AR20150000238





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150000238



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1