IN THE CASE OF:	  

		BOARD DATE:	  15 October 2015

		DOCKET NUMBER:  AR20150010445 


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 correction of his records to show he was entitled to retroactive Assignment Incentive Pay (AIP) for Korea for Fiscal Year 2013 (FY13) to FY15 (i.e., FY14 to FY16).

2.  The applicant states: 

	a.  He arrived at the 2nd Infantry Division (ID), Korea on 5 February 2014 and his command-sponsored family arrived on 14 February 2014 for his assignment in Dongducheon, Korea.  In accordance with Military Personnel (MILPER) Message 11-145, dated 16 May 2011, which expired 1 June 2013, he was authorized to participate in the AIP program for Korea.  The established method of agreement was either a DA Form 4187 (Personnel Action) or a memorandum.  All Army Activities (ALARACT) 121/2013, Part II (Individual program guidance - Korea AIP program), paragraph A(2) states "Soldiers who volunteer for a 
24-month initial assignment to Area 1 - Uijeongbu or Dongducheon.  Agreements for this category become effective on the date of arrival to the assignment."

	b.  He had been on a command-sponsored 24-month tour, in position number Q-0175, since his arrival on 5 February 2014 and ALARACT 121/2013 was still in effect at that time.  The AIP program was an incentive program that encouraged Soldiers to bring their families to the Uijeongbu/Dongducheon area for a 2-year tour.  In doing so, they would receive $300 per month under the command sponsorship program (CSP), instead of the $250 per month they would get for family separation allowance (FSA).  Under this program, a DA Form 4187 was not a requirement indicated in the message; rather, it stated the AIP was effective on the date of arrival to the assignment.  

	c.  In February 2013 (i.e., 2014), he initially submitted his DA Form 4187 and the required documents.  He was then told the CSP pay had stopped for all personnel.  He was subsequently told he was authorized the CSP pay because he received his orders with the assumption he would qualify for the pay.  The ALARACT message had expired while he was enroute to Korea and he was not notified of the change.  If he had been, he could have elected to have his family remain stateside and collect the FSA in the amount of $250 per month.  He resubmitted a DA Form 4187 in September 2014 and April 2015.  There were other Soldiers who elected to go to Korea command sponsored after the ALARACT message had expired and are currently receiving the CSP pay.

3.  The applicant provides two memoranda, orders, two DA Forms 4187, a self-authored memorandum for record, and an undated 1st Battalion, 72nd Armor Regiment cover sheet.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a Regular Army Soldier serving in the rank/grade of sergeant first class (SFC)/E-7.  

2.  He provides:

   a.  Orders 343-1026, dated 9 December 2013, issued by the U.S. Army Installation Management Command (IMCOM), Fort Rucker, AL, assigning him to the 2nd ID Replacement Battalion, Camp Casey, Korea, with a report date of 10 February 2014.  The order stated, in part, Soldier has elected to serve a with dependents tour.  Travel of family members to overseas duty station is not authorized until command sponsorship has been approved.

   b.  A memorandum to his commander, dated 7 December 2013, from the U.S. Army IMCOM, Korea, wherein it stated family travel and command sponsorship was approved for the applicant's family members, his spouse and two children.  It stated services were limited in the Camp Red Cloud or Camp Casey enclave and there was no government family housing in Area 1.  Upon completion of inprocessing, a non-availability statement would be issued to command sponsored families to secure private rental housing.

3.  On about 5 February 2014, the applicant arrived in Korea.  He was assigned to B Company, 1st Battalion, 72nd Armor Regiment.  

4.  He provides:

   a.  A memorandum to his commander, dated 7 March 2014, from the U.S. Army IMCOM, Korea, wherein it stated family travel was authorized 7 March 2014 for the applicant's spouse and two children to travel to Dongduchon, Area 1 (emphasis added).  Economy quarters had been secured by the applicant.

	b.  A DA Form 4187, dated 19 September 2014, wherein he requested CSP/AIP from 12 March 2014 in accordance with Army Regulation 614-30 (Overseas Service) and MILPER Message 11-145.  He stated he was command-sponsored on a 24-month tour, in Area I, Korea, and he agreed to accept AIP in the amount of $300 per month for each month he served in the assignment of the AIP agreement.  His date eligible for return from overseas (DEROS) was 16 February 2016 and he understood the first colonel (COL) in his chain of command must recommend approval or disapproval and sign the request before the approval authority would make a decision.  This form shows only his immediate commander recommended approval of his request.

	c.  A DA Form 4187, dated 14 April 2015, wherein he requested CSP incentive pay effective 14 February 2014.  He stated his DEROS was 3 February 2016 and he was entitled to $300 a month as he was on a command sponsored tour and his spouse was living in Area I.  This form shows his immediate commander and battalion commander, a lieutenant colonel (LTC), recommended approval of his request.

5.  In the processing of this case an advisory opinion, dated 20 July 2015, was obtained from the Chief, Compensations and Entitlements, Officer of the Deputy Chief of Staff G-1.  The advisory official recommended approval of the applicant's request for entitlement to AIP and opined, in part:

	a.  After careful review of his case, and in accordance with ALARACT 121/2013 Part II A(2), the applicant qualified for the AIP Korea because he had entered into a written agreement to serve 24-months in Area I, within prescribed time limits.

	b.  The applicant met the eligibility criteria for the Korea AIP for the AIP of $300 per month for FY14 - 5 February to 30 September 2014, FY15 - 1 October 2014 to 30 September 2015, and FY16 - 1 October 2015 to 3 February 2016.

6.  The applicant's written agreement to serve a 24-month command sponsored tour in Area I, Korea, is not available for review with this case.

7.  On 31 July 2015, the applicant was provided a copy of the advisory opinion for his information and comment or rebuttal; however, no response was received.

8.  ALARACT 121/2013, dated 7 May 2013, established the guidance for the AIP program.  It stated, in part, the purpose of the AIP was to provide an additional monetary incentive in the assignment process to encourage members to volunteer for difficult to fill, or less desirable assignments, assignment locations, or certain assignment periods.  The three categories of assignments eligible for this program are:

* Soldiers who volunteer for a 36-month initial assignment to Pyeongtaek, Osan, Daegu, Chinhae, or Seoul; agreements for this category become effective on the date of arrival to the assignment
* Soldiers who volunteer for a 24-month initial assignment to Uijongbu or Donghueon; agreements for this category become effective on the date of arrival to the assignment
* Soldiers who accept an initial tour to Korea in any location and later elect to extend their assignment length by 12 or 24 months; agreements for this category become effective upon commencement of the tour with an extension agreement, or entering the extension, whichever is earlier

DISCUSSION AND CONCLUSIONS:

The evidence of record confirms the applicant was assigned to Korea on 5 February 2014 and is serving on a 24-month command sponsored tour in Dongduchon, Korea.  As verified by the advisory official, he entered into a written agreement to serve 24-months in Area I, within the prescribed time limits.  As such, he meets the criteria under the AIP program for receipt of AIP in the amount of $300 per month from the date of his arrival on 5 February 2014 to the date of his DEROS.

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 he was authorized AIP in the amount of $300 per month upon the date of his arrival in Korea on 5 February 2014 through the date of his DEROS
* paying him all back AIP 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)                                         AR20150010445



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ABCMR Record of Proceedings (cont)                                         AR20150010445



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