BOARD DATE:	  1 October 2015

		DOCKET NUMBER:  AR20150008754 


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), based on his assignment to Korea during Fiscal Years (FY) 2014 - 2015.

2.  The applicant states:

   a.  He arrived in Korea on 31 October 2013 for assignment to the 2nd Infantry Division in Dongducheon.  His command-sponsored family member arrived on 
11 December 2013.  
   
   b.  In accordance with Military Personnel (MILPER) Message Number 11-145 (dated 16 May 2011/expired 1 June 2013) and All Army Activities (ALARACT) Message Number 121/2013 (dated 7 May 2013/expired 31 December 2013), he was authorized AIP for his assignment in Korea.  
   
   c.  He applied for AIP in accordance with the guidance listed in MILPER Message Number 11-145 but the paperwork was lost and he was not paid.  He submitted the required documents through official channels; however, the brigade-level S1 would not accept the action for processing.

3.  The applicant provides a self-authored statement, dated 12 May 2015, and:

* MILPER Message Number 11-145, dated 16 May 2011
* Orders Number 241-56, dated 29 August 2013
* Orders Number 304-002, dated 31 October 2013
* Memorandum, family travel approval, dated 29 November 2013
* DD Form 1351-2 (Travel Voucher or Subvoucher), dated 16 December 2013
* MILPER Message Number 14-037, dated 12 February 2014
* Permission for change of status of sojourn, issued on 19 March 2014
* DA Form 4187 (Personnel Action), dated 22 April 2015
* Staff Summary Sheet, dated between 21 April and 30 April 2015
* various email transmissions, dated between 17 April and 6 May 2015

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 12 July 2000 and has served through several reenlistments and extensions in a variety of stateside and overseas assignments.  He holds military occupational specialty 68W (Health Care Specialist) and is currently serving on active duty in the rank/grade of staff sergeant (SSG)/E-6.  

2.  Orders Number 241-56, issued by the U.S. Army Installation Command, Headquarters, U.S. Army Garrison, Fort Bliss, Texas on 29 August 2013, show the applicant was assigned to Korea with a reporting date of 31 October 2013.  These orders also show he was authorized to take his family with him to Korea; as such, he would have had to volunteer to complete a 24-month accompanied tour vice a 12-month unaccompanied tour.

3.  Orders Number 304-002, issued by Headquarters, 2nd Infantry Division, Korea on 31 October 2013, show the applicant was further assigned to the 1st Armored Brigade Combat Team, 2nd Infantry Division, Army Post Office Number 96224 [Camp Casey, Dongducheon, South Korea].

4.  He provided a DA Form 4187, dated 20 April 2015, showing:

	a.  He requested AIP from 11 December 2013 (the date his dependents arrived), in accordance with Army Regulation 614-30 (Overseas Service) and MILPER Message Number 11-145.  

	b.  He was command-sponsored on a 24-month tour in Area 1, Korea and he agreed to accept AIP in the amount of $300.00 per month for each month he served in his AIP assignment.  His DEROS was 28 October 2015.

	c.  His squadron commander, a lieutenant colonel, recommended approval of his request on 5 May 2015.  

5.  The Office of the Deputy Chief of Staff, G-1 issued an advisory opinion on    20 July 2015 pertaining to the applicant's request for AIP-Korea, wherein the Chief, Compensation and Entitlements Branch, stated:

	a.  After a careful review of this case and in accordance with ALARACT Message Number 121/2013 part II (2), the applicant is qualified for the AIP-Korea because he entered into a written agreement to serve 24 months in Korea, 
(Area-1).  

	b.  The applicant met the eligibility criteria for AIP-Korea.  If the Board chooses to correct his record, he would be entitled to AIP for $300.00 per month for the period of 31 October 2013 through 15 July 2015.

	c.  Retroactive Army AIP disbursements must be charged against the FY when earned:

		(1)  AIP disbursements due between 31 October 2013 - 30 September 2014; FY 2014 ($3,310.00)

		(2)  AIP disbursements due between 1 October 2014 - 15 July 2015; 
FY 2015 ($2,855.00)

6.  MILPER Message Number 11-145 (update to the assignment incentive pay (AIP) program for Korea issued on 16 May 2011) states this message expires no later than 1 June 2013.  However, the AIP program will remain in effect until the program is terminated.  This message provides guidance regarding the application process for Korea AIP and payment of AIP for Korea assignments.  This message applies to all officers, warrant officers, and enlisted Soldiers eligible for AIP-Korea.  The AIP program provides incentives for Soldiers on assignment to Korea to request extension of their accompanied or unaccompanied tours, and encourages Soldiers already assigned to Korea to volunteer to extend their current Korea tours.  AIP further promotes predictability for Soldiers and families and improved readiness in Korea while reducing turbulence throughout the Army.

	a.  Effective 6 April 2009, the Principal Deputy Under Secretary of Defense for Personnel and Readiness (PDUSD(P&R)) approved the AIP program for Korea and authorized the payment of AIP.  The Korea tour length options and AIP eligibility state:  Soldiers may apply for an extension up to 180 days prior to their Date Eligible for Return from Overseas (DEROS) or until assignment instructions (AI) are issued, if more than 180 days before DEROS; Soldiers who are approved for an extension will be paid AIP of $300 per month upon arrival to Korea and approval of the AIP contract; and Soldiers who are within 180 days of their DEROS or placed on AI, whichever comes first, are ineligible for AIP.

	b.  In order to qualify for AIP under this program, Soldiers must include the following statements as part of their AIP contract:  (1) I volunteer to extend my overseas assignment in Korea for 12 months from my current DEROS, and I agree to accept AIP of $300.00 per month for each month I serve in this assignment under this AIP agreement; (2) I understand that all AIP received will be recouped upon soldier initiated termination of AIP contract, or upon a Soldier’s Absent Without Leave (AWOL) or confinement status prior to completion of assignment.  Curtailment of the Soldier’s AIP tour, whether Army Human Resources Command (HRC) initiated or otherwise, which is not due to the fault of the Soldier, will result in termination of AIP, but not recoupment; and (3) I understand that this assignment is subject to the availability of support infrastructure and command sponsorship allocations.

	c.  Soldiers serving a 24-month accompanied tour (dependents must reside in area 1) or an initial 12-month unaccompanied tour and a 12 month extension (total 24 months) to Uijeongbu or Dongducheon, Korea will be paid AIP of $300.00 per month upon execution of the AIP contract.  

	d.  Upon arrival in Korea, all Soldiers will be counseled on the AIP program.  Soldiers who desire to volunteer for AIP will sign a DA Form 4187.

7.  ALARACT Message Number 121/2013, part II (2) states Soldiers who volunteer for a 24-month initial assignment to Uijongbu, or Dongducheon are eligible to participate in the AIP for Korea.  Agreements for this category become effective on the date of arrival to the assignment.

8.  MILPER Message Number 14-037 (update to the assignment incentive pay (AIP) program for Korea issued on 12 February 2014) states this message expires no later than 31 December 2015; however, the Korea AIP program will remain in effect until the program is terminated.  This message supersedes all previous guidance regarding the implementation and application process for Korea AIP and payment of AIP for Korea assignments as specified below.  This message applies to all officers, warrant officers, and enlisted Soldiers eligible for Korea AIP.  The Korea AIP program provides commanders an incentive tool to increase unit readiness by enticing high quality, high performing Soldiers assigned to Korea to volunteer to extend their current tour by 12 months.  Soldiers who are approved to extend their tour through the Korea AIP program provide stability and continuity to their unit, increasing unit readiness.  By targeting specific grades and/or skill sets, this program will allow commanders to reduce unit personnel turnover in key grade/skill sets, provide predictability for Soldiers and families, improve personnel readiness, and reduce turbulence throughout the Army.  On 24 December 2013, the Director, Headquarters, Department of the Army G-1, Plans and Resources (HQDA G-1, P&R), approved the FY14 Korea AIP program.  It is effective 1 January 2014.

	a.  Korea AIP eligibility is open to Soldiers assigned to Korea in the grades of E-4 and above.  Soldiers must be in good standing at time of approval and maintain good standing throughout the Korea AIP tour.  

	b.  In accordance with Department of Defense Instructions (DODI) 1340.26, AIP will only be paid for the period of the extension (12 months), in either monthly or lump sum. Commander, Eighth Army has approved $300.00 as the Korea AIP amount.  Approved Soldiers may be paid $300.00 per month throughout the extension period, or a lump sum ($3,600.00) prior to the extension period, upon approval of the AIP contract.  This is a change from previous Korea AIP programs. Soldiers will identify which method of payment they desire on their DA Form 4187.  Additionally, Soldiers are limited to a maximum of two 12-month (for a total of 24 months) extensions under this program.

	c.  Soldiers meeting the eligibility requirements desiring to extend their tour under Korea AIP will complete a DA Form 4187 requesting Korea AIP.  The DA Form 4187 will serve as the AIP contract.  Soldiers must include the following statements as part of their Korea AIP contract: 

		(1) "I volunteer to extend my overseas assignment in Korea for 12 months from my current DEROS" and "I agree to accept Korea AIP of $300.00 per month for each month of the extension period I serve in this assignment upon approval of contract", or "I agree to accept Korea AIP of a lump sum $3,600.00 payment upon approval of contract."

		(2) "My current DEROS is (DD MMM YY) and my new DEROS under Korea AIP will be (DD MMM YY).  My current expiration term of service (ETS) is 
DD MMM YY (or indefinite)."

		(3) "I understand if I do not extend or re-enlist to meet the service remaining requirement within 30 days of approval, my Korea AIP will be cancelled."

		(4) "I understand that my current unit of assignment is not guaranteed under Korea AIP and that I may be reassigned within the Korea theater of operations or worldwide based on the needs of the Army."
		(5) "I understand that any advanced assignment or reenlistment option I have is void upon approval of my Korea AIP request, and I must renegotiate any sequential assignment through my branch at the human resources command (HRC)."

		(6) "by signing this DA Form 4187, I understand that all Korea AIP received will be recouped upon Soldier-initiated termination of AIP contractor upon failure to maintain eligibility requirements prior to completion of assignment.  Curtailment of my AIP tour, whether HRC-initiated or otherwise, which is not due to the fault of the Soldier, will result in termination of AIP, but not recoupment."

		(7) "I understand that this assignment is subject to the availability of support infrastructure and "command sponsorship allocations."

		(8) "I currently have command sponsorship" or "I am not command sponsored."

DISCUSSION AND CONCLUSIONS:

1.  The applicant agreed/volunteered to complete a 24-month accompanied tour vice a 12-month unaccompanied tour in Korea to allow his family members to join him in Korea.  

2.  The applicant was assigned to the 1st Armored Brigade Combat Team, 2nd Infantry Division, Camp Casey, Dongducheon, South Korea, in Area 1, from       31 October 2013 to 15 July 2015.

3.  ALARACT Message Number 121/2013 states Soldiers who volunteer for a 
24-month initial assignment to Dongducheon are eligible to participate in the AIP for Korea and that the agreements for this category become effective on the date of arrival to the assignment.

4.  The Army G-1 stated the applicant qualified for the AIP-Korea because he entered into a written agreement to serve 24 months in Korea (Area 1) and that he met the eligibility criteria for AIP-Korea.  The G-1 also stated that if the Board chooses to correct his record, he would be entitled to AIP for $300.00 per month for the period of 31 October 2013 through 15 July 2015 and the retroactive disbursements would be payable against the FY in which they were earned as follows:  AIP disbursements due between 31 October 2013 - 30 September 2014; FY 2014; and AIP disbursements due between 1 October 2014 - 
15 July 2015; FY 2015.

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 his request for AIP was approved and processed effective
31 October 2013 and that he was eligible for AIP-Korea from 31 October 2013 to 15 July 2015.

	b.  the Defense Finance and Accounting Service paying his AIP disbursements due between 31 October 2013 - 30 September 2014 from FY 2014 funds and paying his AIP disbursements due between 1 October 2014 - 
15 July 2015 from FY 2015 funds.




      __________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)                                         AR20150008754



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ABCMR Record of Proceedings (cont)                                         AR20150008754



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