BOARD DATE:	  12 March 2015

		DOCKET NUMBER:  AR20150000470 


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, in effect, correction of his record to show he was eligible to receive Command Sponsorship (CSP)/Assignment Incentive Pay (AIP) upon arriving in Korea, for the time period March 2013 through February 2015.  

2.  The applicant states, in effect, he was not aware of the program and his eligibility until he discovered that other Soldiers in his unit under the same circumstances were receiving the entitlement.  He submitted the paperwork to the finance office but was told that he was not entitled due to a change in the process and his request not being submitted prior to December 2014. 

3.  The applicant provides:

* an undated "Finance Flash" from the 176th Financial Management Support Unit 
* a 501st Sustainment Brigade Staff Action Cover Sheet 
* DA Form 4187 (Personnel Action)
* a U.S. Army Installation Management Command Pacific memorandum, dated 25 April 2013, subject: Family Travel/Command Sponsorship Approval for [Applicant]
* a U.S. Army Installation Management Command Pacific memorandum, dated 28 May 2013, subject: Family Travel Approval for [Applicant]
* a 46th Transportation Company memorandum for record, dated 25 July 2014, subject: Command Sponsorship Pay for [Applicant] 
* a copy of his Enlisted Record Brief (ERB)

CONSIDERATION OF EVIDENCE:

1.  The applicant is a Regular Army noncommissioned officer (NCO) currently serving on active duty in the rank/grade of staff sergeant/E-6.   

2.  The applicant's ERB shows he arrived in Korea on or about 21 February 2013 and his date of eligibility to return from overseas (DEROS) was established as   18 February 2015.

3.  On 25 April 2013, he was approved for a 24-month, command sponsored accompanied tour at Camp Stanley, Korea.  His dependent arrived in Korea on 15 June 2013.  

4.  The applicant provides:

     a.  Two memoranda approving Family Travel/CSP, issued by U.S. Army Installation Command Pacific on 25 April and 28 May 2013, for a 24-month, command-sponsored accompanied tour in Area 1 of the Republic of Korea. 

     b.  A DD Form 4187, dated 19 August 2013, signed by his commanders approving his request for CSP per All Army Activities (ALARACT) Message 121/2013 and Military Personnel Message 11-145, effective 15 June 2013.  

     c.  A Finance Flash, undated, from 176th Financial Management Support Unit that discussed the Area 1 CSP/AIP program and requirements.

     d.  A 501st Sustainment Brigade, Staff Action Cover Sheet, dated 26 August 2014, which recommended approval of the applicant's AIP request.

     e.  A 46th Transportation Company memorandum for record, dated 25 July 2014, attesting that the applicant was command sponsored with deferred travel, entitled to CSP pay, and his wife arrived in country on 15 June 2013. 

5.  On 19 February 2015, in the processing of this case an advisory opinion was obtained from the Chief, Compensation and Entitlements, Office of the Deputy Chief of Staff, G-1, Headquarters, Department of the Army. This official recommended approval if the board chooses to correct his record stating that:

     a.  The applicant would have qualified for the Korea AIP if he had entered into a written agreement to serve 24-months in Korea, Area 1;

     b.  AIP payments would start on the effective date of the approved written agreement; however, a record of such an agreement does not exist;
     c.  His ERB shows his arrival in Korea on 21 February 2013, with an assignment to serve 24-months with dependent tour in Area 1, qualifying him for payment of $300.00 per month for Korea AIP effective on date of an approved written agreement per ALARACT 121/2013 [AIP Program Guidance for Calendar Year 2013];

     d.  The applicant was unaware of the incentive pay until August 2014 when he signed the agreement requesting CSP; however there is no CSP/AIP program; and  

     e.  The applicant met the eligibly criteria for Korea AIP, however his personnel office failed to inform him of the program during his in-processing, advising him of the requirement to sign an agreement.  He would be entitled to AIP for $300.00 per month for the period of March 2013 through February 2015.     

6.  The advisory opinion was provided to the applicant.  On 26 February 2015, he responded to the advisory opinion by stating, in effect, that he agreed with one note that there was no written agreement required other than the DA Form 4187 signed by his commanders.  

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) to Area 1 with a dependent residing in Area 1, qualifying him for AIP effective on the date of arrival to the assignment.  

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-6, 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 dependent 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 a dependent in Area 1, for the period 21 February 2013 through 18 February 2015.  




      _________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)                                         AR20140018021



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150000470



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1