IN THE CASE OF:
BOARD DATE: 29 October 2015
DOCKET NUMBER: AR20150010693
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 his assignment in the Republic of Korea (ROK) from 31 August 2013 through 16 July 2015. He further requests payment of the AIP.
2. The applicant states he has not received any AIP for the duration of his tour in Korea. He has exhausted all measures to correct this pay issue and has been advised by the Inspector General (IG) to submit a correction to records. The applicant served in position number Q-0081 on a 24-month command-sponsored accompanied tour. All Army Activities (ALARACT) message 121/2013 was still in effect when he arrived in the ROK on 16 July 2013. This AIP program was an incentive program that encouraged Soldiers/Officers to bring their families to area one Uijeongbu / Dongducheon for a 2-year tour; and in doing so, they would receive an additional $300 per month. His family accompanied him to area one Dongducheon.
3. The applicant provides copies of:
* Memorandum for S-1 (Personnel Officer), Reassignment Notification, Fort Riley, Kansas, dated 25 July 2012
* Orders 079-202, Fort Riley, Kansas, dated 20 March 2013
* Memorandum for Commander, Family Travel Approval, U.S. Army Installation Management Command (IMCOM) Pacific Region, dated 20 August 2013
* Permission for Change in Status, issued 21 November 2013
* DA Form 1559 (Inspector General Action Request) dated 28 May 2015
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was serving on active duty in the ROK.
2. In a memorandum dated 25 July 2012, the applicant was notified of his pending reassignment to the ROK with a report date of 20 June 2013.
3. Orders 079-202, Fort Riley, Kansas, dated 20 March 2013, directed the applicant to proceed on a permanent change of station with a report date to the ROK of 21 July 2013. These orders authorized him deferred travel of his dependents to economy quarters.
4. In a memorandum dated 20 August 2013, IMCOM approved family travel for the applicants dependents.
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 part II (2), the applicant qualified for the Korea AIP from 31 August 2013 to 16 July 2015. Should the Board decide to correct his record, he would be entitled to retroactive AIP. Retroactive AIP disbursements must be charged against the fiscal year (FY) in which they were earned, as follows:
* FY 2013: 31 August to 30 September 2013 ($309.68)
* FY 2014: 1 October 2013 to 30 September 2014 ($3,600.00)
* FY 2015: 1 October to 16 July 2015 ($2,825.16)
6. On 28 September 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 AIP for his assignment in the ROK from
31 August 2013 through 16 July 2015 and that he should be paid accordingly.
2. The available evidence shows that the applicant requested command sponsorship and Korea AIP and that it was subsequently approved.
3. The determination by the Department of the Army G-1 is sufficiently convincing to show that the applicant should have received Korea AIP for the period in question.
4. In view of the above, the applicants 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: 31 August to 30 September 2013 ($309.68)
* FY 2014: 1 October 2013 to 30 September 2014 ($3,600.00)
* FY 2015: 1 October to 16 July 2015 ($2,825.16)
b. 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) AR20150010693
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