BOARD DATE:	 6 October 2015 

		DOCKET NUMBER:  AR20150007300 


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 Korea.

2.  The applicant states, in effect:

* she reported to Camp Casey, Korea for a command-sponsored tour
* per Military Personnel (MILPER) message number 11-145, dated 16 May 2011, and All Army Activities (ALARACT) message number 121/2013 (date time group (DTG) 071800 Zulu (Z) May 2013), she was authorized AIP
* she did not receive AIP because of conflicting guidance in MILPER message number 14-037 dated 12 February 2014, which required the submission of a DA Form 4187 (Personnel Action) through G-1
* by the time her DA Form 4187 was sent up the chain of command it was past the cut-off date
* she was not paid AIP through no fault of her own, rather it was due to the confusion between 8th U.S. Army and Department of the Army, Deputy Chief of Staff (DCS), G-1

3.  The applicant provides:

* memorandum, undated, signed by the Commanding General, 2nd Infantry Division, subject:  Retroactive Army Incentive Pay (AIP) program Korea for Fiscal Year (FY) 2013
* DA Form 4187, dated 10 February 2014, with attached DA Form 4187-1-R (Personnel Action Form Addendum)
* memorandum, dated 6 November 2013, issued by U.S. Army Installation Command Pacific Region, addressed to Commander, 2nd Infantry Division, subject:  Family Travel/Command Sponsorship Approval for [applicant]
* Orders 106-001, dated 16 April 2013, issued by Headquarters, 2nd Infantry Division
* extract from Orders Number 030-00300, dated 30 January 2013, issued by Headquarters, U.S. Army Combined Arms Support Command (USACASCOM)
* extract from Orders Number 008-00352, dated 8 January 2013, issued by USACASCOM
* document, undated, signed by Chief of Military Pay, providing guidance for the processing of AIP contracts in accordance with MILPER message number 14-037
* ALARACT number 121/2013
* MILPER message numbers 14-037 and 11-145
* memorandum, dated 6 April 2009, issued by the Office of the Under Secretary of Defense, subject:  AIP - Korea
* memorandum, dated 13 March 2013, issued by Headquarters, Eighth Army, subject:  Eighth Army Command Policy Letter Number 53 - AIP Program for Korea
* extract from FACEBOOK, dated 3 October 2012, showing an earlier version of Eighth Army Command Policy Letter Number 53

CONSIDERATION OF EVIDENCE:

1.  After prior enlisted service in the U.S. Army Reserve and the Regular Army (RA), the applicant's records show she was appointed as a Transportation Corps commissioned officer in the RA.  She executed her oath of office on 29 January 2009.  She is currently serving on active duty in the rank/grade of captain/O-3.

2.  Her records contain the following:

	a.  Orders Number 008-00352, dated 8 January 2013, issued by USACASCOM, showing the applicant was assigned to Korea as a result of a permanent change of station (PCS).  Her reporting date is shown as 15 April 2013.  These orders show the applicant could be authorized AIP if she extended her tour in Korea.

	b.  Orders Number 030-00300, dated 30 January 2013, issued by USACASCOM, show the applicant was authorized to bring her family for a command-sponsored tour in Korea.  Her tour was extended by 12 months.

	c.  A memorandum, dated 23 December 2014, from the Eighth Army G-1, subject:  Approved 1st Armored Brigade Combat Team, 2nd Infantry Division 
(1/2 ABCT) Inactivation AIP under the FY 2015 Korea - AIP for [applicant], which states the applicant was approved for AIP during the period 13 April through 
13 June 2015.  

3.  The applicant provides:

	a.  A DA Form 4187, showing she applied for AIP on 10 February 2014.  The applicant's commander recommended approval on 10 February 2014. 

	b.  A memorandum signed by the Commanding General, 2nd Infantry Division, subject:  Retroactive AIP program Korea for FY 2013, essentially states, after a thorough analysis, it was determined the applicant should be paid AIP retroactively.

4.  In an advisory opinion, dated 25 August 2015, prepared by the DCS, G-1, subject:  Advisory Opinion - [applicant] - Retroactive AIP program Korea for FY 2014 through 2015, the Chief of Compensations and Entitlements stated the applicant met eligibility requirements for AIP from 20 November 2013 through her departure from Korea on 2 July 2015.  The advisory went on to state:

	a.  Should the Board approve her request, she would be entitled to retroactive AIP.

	b.  The retroactive AIP disbursements must be charged against the appropriate FY.  The amounts and authorized periods are:

* $3,110 for the period 20 November 2013 through 30 September 2014
* $2,719.35 for the period 1 October 2014 through 2 July 2015

5.  Department of Defense Instruction (DODI) 1340.26 (AIP), establishes policies and procedures for the administration of AIP.  It describes AIP as a temporary compensation tool to provide an additional monetary incentive to encourage Active or Reserve Component members to volunteer for select difficult-to-fill assignments.  


6.  ALARACT 121/2013, DTG 071800Z May 2013, subject:  AIG Program Guidance for Calendar Year 2013, states Soldiers who volunteer for a 24-month initial assignment to Uijongbu or Dongducheon are eligible for AIP on the date of arrival to the assignment.  The approved Soldiers may be paid $300 per month beginning the effective date of the agreement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant essentially requests retroactive payment of all AIP not paid for her command-sponsored tour in Korea.  

	a.  Orders Number 008-00352, dated 8 January 2013, issued by USACASCOM, show the applicant was authorized AIP.

	b.  The advisory opinion from the DCS, G-1 states the applicant is authorized AIP for the period 20 November 2013 through 2 July 2015.  

	c.  Her records also contain a memorandum from the Eighth Army G-1 which indicates she was authorized additional AIP as a result of her tour in Korea being extended so as to support the inactivation of the 1/2 ABCT.  This appears to validate her authorization to receive AIP.

2.  The preponderance of the evidence appears to support the granting of her request.

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 she was approved for the receipt of Assignment Incentive Pay for the period 20 November 2013 through 2 July 2015.  The Defense Finance and Accounting Service is requested to pay any portion of Assignment Incentive Pay not already disbursed to the applicant.




      _______ _ 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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