IN THE CASE OF:
BOARD DATE: 27 October 2015
DOCKET NUMBER: AR20150011391
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 24 month assignment to Dongducheon, Korea effective
17 September 2013.
2. The applicant states, in effect, that:
a. He arrived in Dongducheon, South Korea on 17 September 2013 for a
2 year tour with his dependents.
b. The AIP program was an incentive program to encourage Soldiers to
bring their families along to Dongducheon, Korea and in doing so, they would receive $300.00 a month.
c. Under this program, a DA Form 4187 (Personnel Action) was not a
requirement as indicated in the message, but rather it stated that it was effective on the date of arrival to their assignment.
d. There was confusion about the AIP and he was informed it was not
applicable to him. In addition, there were two changes of command in his chain of command and miscommunication was an issue.
e. All Army Activities (ALARACT) Message 121/2013 was still in effect at the
time he was assigned in Korea, which authorized him the AIP.
3. The applicant provides:
* a memorandum, subject: Retroactive AIP Program Korea for Fiscal Year 2013 dated 24 June 2015
* DA Form 4187, dated 22 May 2014
* AIP Qualification Worksheet
* Orders 260-002, dated 17 September 2013
* a memorandum, subject: Family Travel/Command Sponsorship Approval for [applicant], dated 15 August 2013
* Travel Voucher
CONSIDERATION OF EVIDENCE:
1. Department of the Army, Headquarters 2nd Infantry Division, Order 260-002, dated 17 September 2012, assigned the applicant to the 1st Armored Brigade Combat Team (1ABCT), in Camp Casey, Dongducheon, Korea.
2. The applicant was command sponsored for a 24 month accompanied tour in Dongducheon, Korea.
3. In October 2013, the applicant states he submitted his DA Form 4187; however, he was informed that the AIP was stopped due to changes in ALARACT Message 121/2013.
3. The applicant states he resubmitted the DA Form 4187 and stated that he was submitting the form on the basis of the command sponsored program and not AIP to stay in Korea for another 12 months, pursuant to the Military Personnel (MILPERS) Message 14-037, but the paperwork was lost.
4. The applicant submitted a copy of a travel voucher listing the dependents accompanying him to Korea and showing they arrived on 16 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 met the eligibility criteria for the Korea AIP. If the Board chooses to correct his records, he would be entitled to AIP for $300.00 per month for the period 17 September 2013 through 15 July 2015. Retroactive AIP disbursements must be charged against the fiscal year (FY) in which they were earned, as follows:
* FY 2013: 17 September 2013 to 30 September 2013 ($140.00)
* FY 2014: 1 October 2013 to 30 September 2014 ($3,600.00)
* FY 2015: 1 October 2014 to 15 July 2015 ($3,145.16)
6. On 31 August 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.
7. ALARACT Message 121/2013, dated 7 May 2013, subject: AIP Program Guidance for Calendar Year (CY) 2013 provided guidance for eligibility for the AIP Program for the CY 2013. This message expired on 31 December 2013. The AIP Program was an incentive program that encouraged Soldiers to bring their families to Area I - Dongducheon for a 24-month tour, and in doing so, they would receive $300 per month. Part II, paragraph 1A provided three categories of assignments eligible for this program. Part II, paragraph 1A (2) stated that Soldiers who volunteer for a 24-month initial assignment to Uijeongbu or Dongducheon are eligible for AIP effective on the date of arrival to the assignment.
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:
1. MILPER Message 11-145 expired 1 June 2013. The applicant and his dependents arrived in Dongducheon, Korea on 17 September 2013. Their arrivals were at the time ALARACT 121/2013 was in effect which expired on
31 December 2013. His assignment was for a 24-month initial tour. At the time of their arrival a written agreement was not a requirement in that the AIP became effective on the date of their arrival.
2. Sufficient evidence has been presented showing he is authorized Korea AIP for his 24-month initial command-sponsored tour in Dongducheon, Korea which began on 17 September 2013. In view of the foregoing evidence, he should be paid retroactive Korea AIP from 17 September 2013 through 15 July 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 was authorized payment of AIP while stationed at Dongducheon, Korea for the period 17 September 2013 through
15 July 2015
* paying him retroactive 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.
ABCMR Record of Proceedings (cont) AR20150000238
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ABCMR Record of Proceedings (cont) AR20150011391
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