IN THE CASE OF:	  

		BOARD DATE:	  1 September 2015

		DOCKET NUMBER:  AR20150005456 


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 military records by showing he is authorized Assignment Incentive Pay (AIP) for service in the Republic of Korea (ROK) during the period 6 November 2013 through 5 November 2015.  He further requests payment of the AIP.

2.  The applicant states he and his spouse have not received the save pay that was promised to them upon volunteering for a 24-month command sponsored tour in Area 1, ROK, in accordance with Military Personnel (MILPER) Message 11-145, All Army Activities (ALARACT) Message 121/2013, and MILPER Message 13-145.  He was told about this program prior to making a permanent change of station move from Fort Knox, KY in 2013.  He volunteered for the program and arrived in the ROK in November 2013.  He submitted all of the required documents on time; however, the former brigade commander stopped signing paperwork prior to his departure and the incoming brigade commander did not sign the paperwork for months after he assumed command.  He and many other Soldiers were forced to file Inspector General (IG) complaints seeking restitution of the promised monies.  Eighth U.S. Army Finance told the IG Office to inform all Soldiers who filed IG complaints (concerning this issue) to submit an application to this Board.

3.  The applicant provides copies of:

* Memorandum, subject: AIP-Korea, dated 6 April 2009
* MILPER Message 11-145, subject: Update to the AIP Program for Korea, dated 16 May 2011
* Memorandum, Eighth U.S. Army Command Policy Letter Number 53, subject: AIP Program for Korea, dated 16 May 2011
* Memorandum, Eighth U.S. Army, subject: Eighth U.S. Army Command Policy Letter Number 53 - AIP Program for Korea, dated 13 March 2013
* ALARACT Message 121/2013, dated 7 May 2013, subject: AIP Program Guidance for Calendar Year 2013
* DA Form 4787 (Reassignment Processing), dated 21 May 2013
* Memorandum, subject: Family Travel/command Sponsorship Approval, dated 18 June 2013
* Orders 175-0029, and Orders 317-0008, Fort Knox, Kentucky, dated 
24 June 2013 and 13 November 2013
* DA Form 4187 (Personnel Action) Request for command sponsorship and AIP, initiated 10 January 2014 and approved 21 May 2014
* MILPER Message 14-037, Update to the AIP Program for ROK, dated 
12 February 2014
* Memorandum from the Commander, 2nd Infantry Division, undated

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was serving on active duty in the ROK.

2.  A DA Form 4787 dated 21 May 2013 indicates the applicant was on assignment for duty in the ROK with a report date of 10 November 2013.  This form shows the applicant desired concurrent travel and would accept economy housing if government quarters were not available.

3.  In a memorandum dated 18 June 2013, personnel at Fort Knox, Kentucky were informed the applicant had been approved for deferred travel and economy housing.

4.  Orders 175-0029, Fort Knox, Kentucky, dated 24 June 2013, announced the applicant’s assignment to the ROK with a report date of 10 November 2013.

5.  Orders 317-008, Fort Knox, Kentucky, dated 13 November 2013, amended the applicant’s assignment orders to add travel authorization for his spouse.

6.  A DA Form 4187, initiated on 10 January 2014, shows the applicant requested AIP.  He agreed to serve a 24-month tour of duty with a date of return from overseas of 4 November 2015.


7.  In an undated memorandum, the Commander, 2nd Infantry Division, stated the applicant arrived at the 2nd Infantry Division on 6 November 2013.  His command-sponsored family member arrived in the ROK on 20 November 2013. The commander further stated the applicant was authorized AIP in accordance with MILPER Message Number 11-145, dated 16 May 2011 and per ALARACT 121/2013, dated 7 May 2013.

8.  In the processing of this case, an advisory opinion was obtained from the Chief, Compensations and Entitlements, Office of the Deputy Chief of Staff G-1, Department of the Army.  The opinion states that after a careful review of the case and in accordance with ALARACT 121/2013 part II (3), the applicant qualified for the Korea AIP because he had entered into a written agreement to serve 24 months in the ROK, Area 1, within the prescribed time limits.  He met the eligibility criteria for the Korea AIP of $300 per month from 6 November 2013 through 5 November 2015.  Retroactive AIP disbursements must be charged against the fiscal year (FY) in which they were earned, as follows:

* FY 2014:  6 November 2013 to 30 September 2014 ($3,250)
* FY 2015:  1 October 2014 to 30 September 2015 ($3,600)
* FY 2016:  1 October 2015 to 5 November 2015 ($350)

9.  On 23 July 2015, a copy of the advisory opinion was sent to the applicant for his information and an opportunity to respond.  No response was received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected by showing he is authorized to receive Korea AIP for the period 6 November 2013 through 5 November 2015.

2.  The available evidence shows the applicant requested command sponsorship and Korea AIP and that it was subsequently approved.

3.  The memorandum from the Commanding General, 2nd Infantry Division and the determination by the Department of the Army G-1 are sufficiently convincing to show the applicant should have received Korea AIP for the period in question.

4.  In view of the above, the applicant’s request should be granted.


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 is authorized Korea AIP for the following periods:

* FY 2014:  6 November 2013 to 30 September 2014
* FY 2015:  1 October 2014 to 30 September 2015
* FY 2016:  1 October 2015 to 5 November 2015

b.  paying him all monies due 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)                                         AR20150005456



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ABCMR Record of Proceedings (cont)                                         AR20150005456



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