IN THE CASE OF:	  

		BOARD DATE:	 15 October 2015

		DOCKET NUMBER:  AR20150011864 


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 Uijeongbu, Korea effective 
18 September 2013 through 1 October 2015.

2.  The applicant states, in effect, that:

a. He arrived in Uijeongbu, Korea on 18 September 2013 and his dependent
arrived on 19 October 2013.  

b. The receipt of his AIP should have been automatically identified by his unit 
to be processed without him have to submit a DA Form 4187 (Personnel Action). 

c. He submitted a DA Form 4187 to initiate AIP on 10 July 2014, but a new
Military Personnel (MILPER) Message came out in February 2014 that changed the criteria.  He states that he and the Inspector General had determined that there were many factors that led to the administrative delays as well as conflicting guidance and differing interpretations of the AIP policy guidance by the subordinate commands.  

3.  The applicant provides:

* a memorandum from Headquarters (HQ), 2nd Infantry Division, Subject: Retroactive AIP Program Korea for Fiscal Year 2013 dated 
11 February 2015
* All Army Activities (ALARACT) Message 121-2013, dated 7 May 2013, Subject: AIP Program Guidance for Calendar Year (CY) 2013
* a memorandum from the Department of the Army Warrior Readiness Center, Headquarters and Headquarters Battalion, 2nd Infantry Division, Subject: Soldier Administrative Action, Command Sponsorship Program (CSP)-AIP, dated 20 February 2015
* Military Personnel (MILPER) Message Number 14-037, issued 
12 February 2014, Update to the AIP Program for Korea
* (MILPER) Message Number 11-145, issued 16 May 2011, Update to the AIP Program for Korea
* a memorandum, dated 6 April 2009, from the Office of the Under Secretary of Defense
* a memorandum, dated 3 October 2012, from HQ, 8th Army, Subject: 8th Army Command Policy letter #53 - AIP Program for Korea
* a memorandum, dated 13 March 2013, from HQ, 8th Army, Subject: 8th Army Command Policy letter #53 - AIP Program for Korea

CONSIDERATION OF EVIDENCE:

1.  Department of the Army, U.S Army Intelligence Center of Excellence, Fort Huachuca, AR. Orders 182-00015 dated 1 July 2013, assigned the applicant and his family to the 2nd Infantry, Headquarters and Headquarters Command, Infantry Division in Korea.

2.  In a memorandum dated 11 February 2015, the Commander, 2nd Infantry Division, stated the applicant arrived on 18 September 2013 and his command sponsored family arrived on 19 October 2013 to his assignment in Uijeongbu, Korea.  The commander stated he was authorized AIP for Korea in accordance with MILPER Message Number 11-145, dated 16 May 2011, which expired on
1 June 2013 and per ALARACT Message 121/2013, dated 7 May 2013, which expired on 31 December 2013.

3.  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 18 September 2013 through 1 October 2015.  Retroactive AIP disbursements must be charged against the fiscal year (FY) in which they were earned, as follows:

* FY 2013:  18 September 2013 to 30 September 2014 ($3,430.00)
* FY 2014:  1 October 2014 to 30 September 2015 ($3,600.00)
* FY 2015:  1 October 2015 ($9.70) 

4.  On 9 September 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.

5.  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.  This MILPER Message expired on 1 June 2013.

6.  ALARACT Message 121/2013, dated 7 May 2013, subject: AIP Program Guidance for 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.

7.  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 arrived in Uijeongbu, Korea on 18 September 2013 and his dependent arrived on 
19 October 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 Uijeongbu, Korea which began on 18 September 2013.  In view of the foregoing evidence, he should be paid retroactive Korea AIP from 18 September 2013 through 1 October 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:

1.  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  Uijeongbu, Korea for the period 18 September 2013 through 
1 October 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)                                         AR20150011864



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