PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            30 September 1999
	DOCKET NUMBER:   AR1999018691

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. Lester Echols		Member	
	Mr. James P. Steuve		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that he  be paid Aviation Career Incentive Pay (ACIP) for the period of October 1990 to August 1995.

3.  The applicant states, in effect, that he was ordered to active duty in the Active Guard/Reserve (AGR) Program for duty as a  UH-60 helicopter instructor pilot in August 1990 and served until he retired in August 1995 under the Voluntary Early Retirement Program.  He further states that he also served in Southwest Asia (SWA) as a pilot from February1991 to July 1991 and he never received his ACIP.  He goes on to state that he attempted on three separate occasions to get his ACIP ($650.00 per month) and was still never paid.  Additionally, his ACIP for the period he served in SWA should have been paid in non-taxable form.  In support of his application he submits copies of leave and earnings statements (LES), flight records, orders to active duty, a copy of his DD Form 214, and a statement from officials at the transition center at Fort Campbell, Kentucky. 

4.  The applicant’s military records show that while serving as a USAR warrant officer aviator in the rank of CW4, he was ordered to active duty in the AGR Program on 21 October 1990 with entitlement to ACIP.  During the period of 1 November 1990 to 31 August 1991 his flight records indicate that he accumulated 41.7 flying hours in a combat zone.

5.  He remained on active duty until he was honorably released from active duty on 31 August 1995 under the provisions of Army Regulation 635-100, chapter 4, and the Voluntary Early Retirement Program.  He was transferred to the Retired List on 1 September 1995 and had served 15 years, 4 months, and 20 days of total active service. 

6.  A review of the LES’s provided by the applicant show no indication that he ever received ACIP during the period he was on active duty from October 1990 to August 1995.  

7.  The supporting statement submitted by the applicant consists of a statement from the Retirement Services Officer at Fort Campbell indicating that the applicant had inquired about his flight pay at the time of separation and was advised to apply to this Board.

8.  Department of Defense Military Pay and Allowances Entitlements Manual provides the pay rates for ACIP.  Tables 2-1-7 provides the rates of pay for payment of ACIP to warrant officers.  It states, in pertinent part, that warrant officers who have over 6 years of aviation service will be paid at a rate of $650.00 per month.

CONCLUSIONS:

1.  Although the Board cannot determine with any degree of certainty the extent that the applicant pursued the issue of being paid ACIP while on active duty; the fact remains that he was authorized ACIP at the time he was ordered to active duty on 21 October 1990 and the available evidence shows that he was not paid ACIP up until the time he was released from active duty on 31 August 1995.

2.  Therefore, it would be in the interest of justice to correct this error and injustice by paying him the ACIP he was entitled to receive for the period of October 1990 to 31 August 1995.

3.  Additionally, while the Board cannot ascertain the exact dates he served in SWA, the ACIP he was entitled to receive while in a combat zone, which will be indicated in his finance records, should be tax exempt. 

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was authorized payment of ACIP for the period 21 October 1990 to 31 August 1995 at the rate of $650.00 per month and that any periods served in a combat zone were paid at the tax exempt rate as applicable. 

BOARD VOTE:  

___jps___  ___le ___  __eb____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Elizabeth Buchanon__
		        CHAIRPERSON

INDEX

CASE ID	AR1999018671	
SUFFIX		
RECON		
DATE BOARDED	1999/09/30	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  287 	128.0400/ACIP	
2.		
3.		
4.		
5.		
6.