IN THE CASE OF:
BOARD DATE: 1 October 2015
DOCKET NUMBER: AR20150011225
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 from 26 September 2013 to 11 May 2015.
2. The applicant states:
a. He was not informed of the existence or his eligibility for AIP until 6 March 2015. He was not informed by his local finance office or his command that he was not receiving AIP.
b. He was given guidance by his battalion S1 to contact the 2d Infantry Division Inspector General regarding the AIP issue. He was informed that it was a common issue that could not be corrected by 8th Army and he should petition the Army Board of Correction for Military Records.
3. The applicant provides:
* memorandum, subject: Retroactive AIP Program Korea for Fiscal Year 2013, issued by Headquarters, 2d Infantry Division, dated 21 April 2015
* DA Form 4037 (Officer Record Brief)
* Defense and Accounting Service Form 702 (Military Leave and Earnings Statement)
* orders
* memorandum, subject: Family Travel/Command Sponsorship Approval for (Applicant) issued by U.S. Army Installation Management Command Pacific, Unit Number 15742, dated 14 June 2013
* email correspondence
CONSIDERATION OF EVIDENCE:
1. The applicant is presently serving on active duty at Fort Bragg, NC as a Regular Army commissioned officer in the rank/grade of captain/O-3.
2. U.S. Army Installation Management Command Pacific memorandum, dated 14 June 2013, subject: Family Travel/Command Sponsorship Approval for (Applicant), granted him command sponsorship for Korea.
3. Headquarters, 4th Infantry Division and Fort Carson, Fort Carson CO, Orders 192-700, dated 11 July 2013, assigned him with his family to Korea with a reporting date no later than 19 August 2013.
4. In a memorandum, dated 21 April 2015, the Commander, 2nd Infantry Division, stated he arrived at the 2nd Infantry Division on 19 August 2013. His command-sponsored family member arrived in the Korea on 26 September 2013. The commander further stated he was authorized AIP in accordance with MILPER Message Number 11-145, dated 16 May 2011 and per All Army Activities (ALARACT) Message 121/2013, dated 7 May 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 based on ALARACT 121/213 part II (2). 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 per month for the period 26 September 2013 through 10 May 2015. Retroactive AIP disbursements must be charged against the fiscal year (FY) in which they were earned, as follows:
* FY 2013: 26 September 2013 to 30 September 2014 ($3,350)
* FY 2014: 1 October to 10 May 2015 ($2,197)
6. On 2 September 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.
7. 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.
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 for the period 26 September 2013 through 11 May 2015.
2. Sufficient evidence has been presented showing he is authorized Korea AIP for his 24-month command-sponsored tour in Korea which began on 26 September 2013. In view of the foregoing evidence, he should be paid retroactive Korea AIP from 26 September 2013 through 10 May 2015 as recommended in the advisory opinion. Any payments in excess are not authorized.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ____x___ ___x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 26 September 2013 through 10 May 2015
* paying him retroactive Korea AIP as a result of this correction
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to retroactive payment of Korea AIP through 11 May 2015.
_______ _ _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) AR20150011225
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