BOARD DATE: 8 September 2015
DOCKET NUMBER: AR20150009103
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 his assignment in Korea.
2. The applicant states:
* he was on a command-sponsored 24-month accompanied tour which began on 15 October 2013 when All Army Activities (ALARACT) Message 121/2013 was in effect
* the delay in processing the request was not his fault
* he did not receive an offer for Korea AIP at his losing installation and he was not counseled about the AIP during his in-processing in Korea
* he resubmitted his request for his Korea AIP in February 2014, but his battalion S-1 returned it based on new AIP program guidance
* he resubmitted his request for Korea AIP again on 19 March 2014 and he never received a response
* he was reassigned in June 2014 and he attempted to resubmit his Korea AIP request in September 2014
* in November 2014, his Korea AIP request was reported lost after having been signed by the approval authority
* the Korea AIP request was subsequently recreated and eventually signed again by the approval authority on 12 March 2015 and submitted to the Eighth U.S. Army G-1 for processing
* on or about 31 March 2015, the Eighth U.S. Army G-1 disapproved the request indicating the program was no longer valid
* there were delays and confusion at multiple echelons regarding processing his 2013 Korea AIP
* the 2d Infantry Division inspector general's office determined there were many factors that led to the administrative delays as well as conflicting guidance and differing interpretations of policy guidance
* a fragmentary order was not issued clarifying the discrepancies to the subordinates
3. The applicant provides:
* self-authored statement
* Military Personnel (MILPER) Message Number 11-145, dated 16 May 2011, title: Update to the AIP Program for Korea
* ALARACT Message 121/2013, dated 7 May 2013, subject: AIP Program Guidance for Calendar Year 2013
* MILPER Message Number 14-037, dated 12 February 2014, title: Update to the AIP Program for Korea
* Headquarters, U.S. Army Garrison, Fort Sill, Orders 186-175, dated 5 July 2013
* Headquarters, U.S. Army Garrison, Fort Sill, Orders 196-162, dated 15 July 2013
* two memoranda from the U.S. Army Installation Management Command Pacific, Unit Number 15742, dated 13 and 27 June 2013, subject: Family Travel/Command Sponsorship Approval for (Applicant)
* email
CONSIDERATION OF EVIDENCE:
1. The applicant is presently serving on active duty in Korea as a Reserve commissioned officer in the rank/grade of captain/O-3.
2. U.S. Army Installation Management Command Pacific memorandum, dated 13 June 2013, subject: Family Travel/Command Sponsorship Approval for (Applicant), granted him command sponsorship for Korea.
3. Headquarters, U.S. Army Garrison, Fort Sill, Orders 186-175, dated 5 July 2013, assigned him with his family to Korea effective 15 October 2013.
4. On 20 July 2015, the Chief, Compensations and Entitlements, Department of the Army Office of the Deputy Chief of Staff, G-1, provided an advisory opinion in which he recommended approval of the applicant's request. He stated the applicant met the eligibility criteria for Korea AIP in the amount of $300.00 per month for the period 15 October 2013 through 5 October 2015.
5. On 23 July 2015, the applicant was sent a copy of the advisory opinion and given an opportunity to respond and/or provide further corroborating documentation. He did not respond.
6. MILPER Message Number 11-145, dated 16 May 2011, title: Update to the AIP Program for Korea, provided eligibility criteria for AIP for Soldiers on assignment to Korea.
7. ALARACT Message 121/2013, dated 7 May 2013, subject: AIP Program Guidance for Calendar Year 2013, provided eligibility criteria for AIP Guidance for Calendar Year 2013. This message expired on 31 December 2013.
8. MILPER Message Number 14-037, dated 12 February 2014, title: Update to the AIP Program for Korea, superseded all previous guidance regarding implementation, application process, and payment for Korea AIP. This message is scheduled to expire not later than 31 December 2015; however, the Korea AIP Program will remain in effect until the program is terminated.
DISCUSSION AND CONCLUSIONS:
Sufficient evidence has been presented showing the applicant is authorized Korea AIP for his 24-month command-sponsored tour in Korea which began on 15 October 2013 and is projected through 5 October 2015. In view of the foregoing evidence, he should be paid retroactive Korea AIP from 15 October 2013 through 5 October 2015 as recommended in the advisory opinion.
BOARD VOTE:
__X______ __X______ ___X__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 the applicant is authorized payment of Korea AIP for the period 15 October 2013 through 5 October 2015 as indicated in the advisory opinion
* paying him retroactive Korea AIP 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.
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