IN THE CASE OF:	  

		BOARD DATE:	  20 August 2015

		DOCKET NUMBER:  AR20150007455 


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 to receive Assignment Incentive Pay (AIP) for the period 
23 December 2013 through 10 June 2015.  He further requests payment of the AIP.

2.  The applicant states there was miscommunication between his battalion personnel officer and the 8th U.S. Army G-1 (Personnel Officer) resulting in his not receiving the AIP for which he contracted.

3.  The applicant provides copies of:

* Orders 300-25271, Fort Benning, Georgia, dated 26 October 2012
* Military Personnel (MILPER) Message Number 11-145, Update to the AIP Program in the Republic of Korea (ROK), dated 16 May 2011
* ALARACT Message 121/2013, dated 7 May 2013, subject: AIP Program Guidance for Calendar Year 2013
* Orders 164-013, 2nd Infantry Division, dated 13 June 2013
* Memorandum, Request for In-Country Command Sponsorship, dated      24 June 2013, with company and battalion command approval recommendations dated 26 August 2013
* Memorandum for Commander, subject: Family Travel/Command Sponsorship Approval, dated 23 December 2013
* MILPER Message Number 14-037, Update to the AIP Program for ROK, dated 12 February 2014
* Policy Letter #01-6, Restricted Command Sponsorship Program for Units in Area I, dated 31 March 2014
* Korean Home Lease Agreement, dated 14 May 2014
* Memorandum, Family Travel Approval, dated 27 May 2014
* DA Form 4187 (Personnel Action) requesting AIP, dated 14 July 2014
* Family Travel Tickets/Vouchers, dated 1 August 2014
* Enlisted Record Brief (ERB), dated 18 August 2014
* DD Form 1351-2 (Travel Voucher or Sub-voucher), dated 26 August 2014
* Command Sponsorship Benefits Comparison Matrix, as of 19 September 2014
* DA Form 1559 (Inspector General Action Request) dated 12 November 2014
* Email communications dated between 1 October and 11 December 2014
* Memorandum from the Commander, 2nd Infantry Division, dated            11 February 2015
* Email communications between 30 January and 17 February 2015
* Letter from applicant’s battalion commander to a congressman, undated

CONSIDERATION OF EVIDENCE:

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

2.  Orders 300-25271, Fort Benning, Georgia, dated 26 October 2012, show the applicant had a report date to the ROK of 12 June 2013.

3.  The applicant’s ERB dated 18 August 2014, shows he was assigned on 
14 June 2013 to the 72nd Armor Battalion located at Camp Casey, ROK.

4.  On 24 June 2013, the applicant requested command sponsorship and AIP.  His company and battalion commanders recommended approval on 26 August 2013.  On 23 December 2013, the applicant was granted family travel and command sponsorship of his dependents.

5.  On 14 May 2014, the applicant entered into a lease agreement for housing for a period of 10 months from August 2014 to June 2015.

6.  On 27 May 2014, travel authorization was approved for the applicant’s family. His family departed Houston, Texas on 4 August and arrived in Seoul, ROK on 
5 August 2014.


7.  In a memorandum dated 11 February 2015, the Commander, 2nd Infantry Division, stated the applicant arrived at the 2nd Infantry Division on 13 June 2013.  He applied for command sponsorship for his family on 24 June 2013, which was approved on 26 August 2013.  Orders were published 4 months later on 23 December 2013 and his family arrived on 5 August 2014.  The commander further stated that 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 for $300.00 per month from 23 December 2013 through 10 June 2015.  Retroactive AIP disbursements must be charged against the fiscal year (FY) in which they were earned, as follows:

* FY 2013: 23 December 2013 to 30 September 2014 ($2787.10)
* FY 2014: 1 October to 10 June 2014 ($2496.77)

9.  On 23 July 2015, a copy of the advisory opinion was sent to the applicant for his information and 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 23 December 2013 through 10 June 2015.

2.  The available evidence shows that the applicant requested command sponsorship and Korea AIP about a week after arriving in the ROK and that it was subsequently approved.  However, the associated administrative processing for his AIP and family travel was delayed for several months which may have caused his non-payment of AIP.

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 that 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 2013: 23 December 2013 to 30 September 2014
* FY 2014: 1 October to 10 June 2014

   b.  auditing his military pay records and 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)                                         AR20150007455





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ABCMR Record of Proceedings (cont)                                         AR20150007455



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