BOARD DATE: 8 October 2015
DOCKET NUMBER: AR20150010293
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:
a. He was placed on orders to Korea and was approved for command sponsorship. Upon arrival his AIP was supposed to start automatically according to All Army Activities (ALARACT) Message Number 121-2013. After his AIP did not start he was told he had to submit a DA Form 4187 (Personnel Action) to stop family separation pay (FSP) and start AIP. He submitted both forms; however, according to the ALARACT message this was not necessary.
b. His FSP was stopped but the AIP never began. He did not receive any help with this situation. His unit was deactivating and his new troop commander asked if he had submitted the paperwork to stop his AIP. He informed his commander that he never received AIP. He was told to talk to the Inspector General. He was informed that this had been an issue for others as well. He never received any negative actions while Korea to jeopardize his right to AIP.
3. The applicant provides:
* memorandum, subject: Retroactive AIP Program Korea for Fiscal Year 2013, issued by Delta Troop, 4th Squadron, 7th Cavalry, dated 29 May 2015
* orders
* memorandum, subject: Family Travel/Command Sponsorship Approval for (Applicant) issued by U.S. Army Installation Management Command Pacific, Unit Number 15742, dated 26 March 2013
* Military Personnel Message (MILPER) 11-145, Update to the AIP Program for Korea, issued 16 May 2011
CONSIDERATION OF EVIDENCE:
1. The applicant is presently serving on active duty at Fort Lewis, WA as a noncommissioned officer in the rank/grade of sergeant (SGT)/E-5.
2. U.S. Army Installation Management Command Pacific memorandum, dated 26 March 2013, subject: Family Travel/Command Sponsorship Approval for (Applicant), granted him command sponsorship for Korea.
3. U.S. Army Combined Arms Center and Fort Leavenworth, Fort Leavenworth, KS, Orders 060-369, dated 1 March 2013, assigned him with his family to Korea with a reporting date of 12 July 2013.
4. In a memorandum, dated 29 May 2015, the applicant stated he arrived at the 2nd Infantry Division on 12 August 2013. His command-sponsored family member arrived in the Korea on 6 September 2013.
5. 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, the applicant qualified for the AIP, Korea because he had entered into a written agreement to serve 24 months in Korea, Area 1 within prescribed time limits. He met the eligibility criteria for the Korea AIP. If the Board chose to correct his records, he would be entitled to AIP for $300.00 per month for the period 12 August 2013 through 11 August 2015. Retroactive AIP disbursements must be charged against the fiscal year (FY) in which they were earned, as follows:
* FY 2013: 12 August 2013 to 30 September 2013 ($494)
* FY 2014: 1 October 2013 to 30 September 2014 ($3600)
* FY 2016: 1 October 2014 to 11 August 2015 ($3106)
6. On 31 July 2015, he was sent a copy of the advisory opinion and given an opportunity to respond and/or provide further corroborating documentation. He did not respond.
8. 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.
9. 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:
1. The applicant contends that his military records should be corrected by showing he is authorized to receive Korea AIP.
2. Sufficient evidence has been presented showing he is authorized Korea AIP for his 24-month command-sponsored tour in Korea which began on 12 August 2013.
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 12 August 2013 through 11 August 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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