IN THE CASE OF: BOARD DATE: 12 April 2016 DOCKET NUMBER: AR20150002888 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), based on his assignment to Korea during Fiscal Years (FY) 2013 - 2015. 2. The applicant states: a. He did not receive the AIP in accordance with: * Office of the Under Secretary of Defense memorandum, dated 6 April 2009, subject: AIP - Korea * Eighth Army Command Policy Letter Number 53 – AIP Program for Korea, dated 13 March 2013 * All Army Activities (ALARACT) Message 121/2013, subject: AIP Program Guidance for Calendar Year 2013 (CY13), dated May 2013 * Military Personnel (MILPER) Message 11-145, issued on 16 May 2011, subject: Update to the AIP Program for Korea, b. The Commanding General, 2nd Infantry Division, issued a memorandum stating many factors led to the administrative delays, including conflicting guidance and differing interpretations of the AIP policy caused by MILPER and ALARACT messages issued to subordinate commands. c. The Eighth Army and Department of the Army (DA), Office of the Deputy Chief of Staff, G-1 concurred with the message confusion. However, their acknowledgment did not result in the issuance of a fragmentary order to clarify the discrepancies and guide subordinates commands. 3. The applicant provides: * Memorandum, subject: AIP - Korea, dated 6 April 2009 * MILPER Message 11-145, issued on 16 May 2011 * Print-out from Facebook, dated 3 October 2012 * Orders 032-56, dated 1 February 2013 * Memorandum, subject: Family Travel/Command Sponsorship Approval for [applicant], dated 23 January 2013 * Order 025-61, dated 25 January 2013 * Memorandum, subject: Eighth Army Command Policy Letter #53 – AIP Program for Korea, dated 13 March 2013 * ALARACT 121/2013, dated 7 May 2013 * Orders 129-023, dated 9 May 2013 * MILPER Message 14-037, issued on 12 February 2014 * Memorandum, subject: Retroactive AIP Program Korea for Fiscal Year 2013, undated CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 21 July 1998. He is currently serving on active duty in the rank/grade of sergeant first class (SFC)/E-7. 2. On 23 January 2013, the U.S. Army Installation Management Command, Pacific Region, issued the applicant a family travel/command sponsorship approval memorandum. This memorandum authorized the deferred travel of his family members and stated no family members were permitted to travel until he obtained housing on post or within the local economy, and an appropriately amended order was issued. The memorandum further stated services were limited in the Camp Red Cloud and Camp Casey enclave, and there was no government family housing in Area 1. However, upon completion of in processing, a non-availability statement would be issued to command sponsored families to secure private rental housing. 3. Orders Number 025-61, issued by Headquarters, U.S. Army Garrison, Fort Bliss, Texas on 25 January 2013, show the applicant was assigned to Korea with a report date of 12 May 2013 and available date of 2 May 2013. These orders also state his assignment was a 24-month command-sponsored tour. These orders also show he was authorized to take his family with him to Korea on a 24-month command sponsored tour; as such, he would have had to volunteer to complete a 24-month accompanied tour vice a 12-month unaccompanied tour. 4. Orders Number 129-023, issued by Headquarters, 2nd Infantry Division, on 9 May 2013, ordered his continuation move from the 19th Personnel Company to the 1st Armored Brigade Combat Team. 5. His DA Form 4187 (Personnel Action) requesting AIP is not present in his records. A written agreement to serve 24-months under the AIP program for receipt of AIP for $300 per month is not available. 6. A review of his personnel documents in the interactive Personnel Electronic Records Management System (iPERMS) revealed a: a. DA Form 2166-8 (Noncommissioned Officer Evaluation Report) for the period covering 1 March 2013 through 28 February 2014. This report shows he was assigned to Headquarters and Headquarters Company, 1st Brigade, Special Troops Battalion, 1st Armored Brigade Combat Team, 2nd Infantry Division, Camp Hovey in Korea during the period covered by the report. b. Certificate, dated 20 April 2015, which shows awarded of the Meritorious Service Medal for meritorious service from 8 May 2013 to 7 May 2015 while assigned to Headquarters Support Company, Headquarters and Headquarters Battalion, 2nd Infantry Division. 7. In an undated memorandum addressed to this Board, the Commanding General, 2nd Infantry Division, describes the administrative problems the applicant faced in attempting to receive AIP and notes that there was confusion in the command's G-1 channels regarding the proper procedures for establishing AIP eligibility. The CG also notes that, as a result of the confusion, paperwork submitted by the applicant was lost. The confusion in the command's G-1 channels was not resolved by issuing additional formal guidance. As a result, the applicant was not paid AIP. The applicant was not at fault. 8. On 27 May 2015, an advisory opinion was obtained from the Chief, Compensations and Entitlements, Office of the Deputy Chief of Staff G-1 who opined: a. The applicant would have qualified for the Korea AIP. He initially submitted a DA Form 4187 directly to his Finance Office at Camp Casey in June 2013; however, there are no copies of his DA Form 4187. If his documents had been processed, AIP payments would have started on the effective date of arrival to Korea. b. The applicant arrived in Korea on 8 May 2013 with an assignment to serve a 24- month with dependent tour in Area 1, which qualified him for payment of $300 per month for the Korea AIP effective on the date of an approved written agreement per ALARACT 121/2013. c. The applicant met the eligibility criteria for the Korea AIP; however, many factors led to the administrative delays as well as conflicting guidance and differing interpretations of the AIP policy guidance. Therefore, if the Board chooses to correct his record, he would be entitled to AIP at $300 per month. d. The retroactive military personnel, Army AIP disbursements must be paid in the year that the payment was due as follows: (1) AIP disbursements due between 1 July 2013 through 30 September 2013 (Fiscal Year (FY) 2013); (2) AIP disbursements due between 1 October 2013 through 30 September 2014 (FY14); and (3) AIP disbursements due between 1 October 2014 through 30 September 2015 (FY15). 9. A copy of the advisory opinion was forwarded to the applicant for comment; he did not respond. 10. The applicant's written agreement to serve a 24-month command sponsored tour in Area I, Korea, and his DA Form 4187 were not available for review in this case. 11. MILPER Message Number 11-145 (update to the AIP for Korea issued on 16 May 2011) states this message expires no later than 1 June 2013. However, the AIP will remain in effect until the program is terminated. This message provides guidance regarding the application process for Korea AIP and payment of AIP for Korea assignments. This message applies to all officers, warrant officers, and enlisted Soldiers eligible for AIP-Korea. The AIP provides incentives for Soldiers on assignment to Korea to request extension of their accompanied or unaccompanied tours, and encourages Soldiers already assigned to Korea to volunteer to extend their current Korea tours. AIP further promotes predictability for Soldiers and families and improved readiness in Korea while reducing turbulence throughout the Army. a. Effective 6 April 2009, the Principal Deputy Under Secretary of Defense for Personnel and Readiness (PDUSD(P&R)) approved the AIP for Korea and authorized the payment of AIPpay. The Korea tour length options and AIP eligibility state: Soldiers may apply for an extension up to 180 days prior to their Date Eligible for Return from Overseas (DEROS) or until assignment instructions (AI) are issued, if more than 180 days before DEROS; Soldiers who are approved for an extension will be paid AIP of $300 per month upon arrival to Korea and approval of the AIP contract; and Soldiers who are within 180 days of their DEROS or placed on AI, whichever comes first, are ineligible for AIP. b. In order to qualify for AIP under this program, Soldiers must include the following statements as part of their AIP contract: (1) I volunteer to extend my overseas assignment in Korea for 12 months from my current DEROS, and I agree to accept AIP of $300.00 per month for each month I serve in this assignment under this AIP agreement; (2) I understand that all AIP received will be recouped upon Soldier initiated termination of AIP contract, or upon a Soldier’s Absent Without Leave (AWOL) or confinement status prior to completion of assignment. Curtailment of the Soldier’s AIP tour, whether Army Human Resources Command (HRC) initiated or otherwise, which is not due to the fault of the Soldier, will result in termination of AIP, but not recoupment; and (3) I understand that this assignment is subject to the availability of support infrastructure and command sponsorship allocations. c. Soldiers serving a 24-month accompanied tour (dependents must reside in area 1) or an initial 12-month unaccompanied tour and a 12 month extension (total 24 months) to Uijeongbu or Dongducheon, Korea will be paid AIP of $300.00 per month upon execution of the AIP contract. d. Upon arrival in Korea, all Soldiers will be counseled on the AIP program. Soldiers who desire to volunteer for AIP will sign a DA Form 4187. 12. ALARACT Message Number 121/2013, dated 7 May 2013, states the purpose of AIP is to provide an additional monetary incentive in the assignment process to encourage members to volunteer for difficult to fill, or less desirable assignments, assignment locations, or certain assignment periods. Soldiers who volunteer for a 24-month initial assignment to Uijongbu or Dongducheon are eligible to participate in the AIP for Korea. Agreements for this category become effective on the date of arrival to the assignment. 13. MILPER Message Number 14-037 (update to the assignment incentive pay (AIP) program for Korea issued on 12 February 2014) states this message expires no later than 31 December 2015; however, the Korea AIP will remain in effect until the program is terminated. This message supersedes all previous guidance regarding the implementation and application process for Korea AIP and payment of AIP for Korea assignments as specified below. This message applies to all officers, warrant officers, and enlisted Soldiers eligible for Korea AIP. The Korea AIP provides commanders an incentive tool to increase unit readiness by enticing high quality, high performing Soldiers assigned to Korea to volunteer to extend their current tour by 12 months. Soldiers who are approved to extend their tour through the Korea AIP provide stability and continuity to their unit, increasing unit readiness. By targeting specific grades and/or skill sets, this program will allow commanders to reduce unit personnel turnover in key grade/skill sets, provide predictability for Soldiers and families, improve personnel readiness, and reduce turbulence throughout the Army. On 24 December 2013, the Director, Headquarters, Department of the Army G-1, Plans and Resources (HQDA G-1, P&R), approved the FY14 Korea AIP. It is effective 1 January 2014. a. Korea AIP eligibility is open to Soldiers assigned to Korea in the grades of E-4 and above. Soldiers must be in good standing at time of approval and maintain good standing throughout the Korea AIP tour. b. In accordance with Department of Defense Instructions (DODI) 1340.26, AIP will only be paid for the period of the extension (12 months), in either monthly or lump sum. Commander, Eighth Army has approved $300.00 as the Korea AIP amount. Approved Soldiers may be paid $300.00 per month throughout the extension period, or a lump sum ($3,600.00) prior to the extension period, upon approval of the AIP contract. This is a change from previous Korea AIPs Soldiers will identify which method of payment they desire on their DA Form 4187. Additionally, Soldiers are limited to a maximum of two 12-monthextensions(for a total of 24 months) under this program. c. Soldiers meeting the eligibility requirements desiring to extend their tour under Korea AIP will complete a DA Form 4187 requesting Korea AIP. The DA Form 4187 will serve as the AIP contract. DISCUSSION AND CONCLUSIONS: 1. The AIP was an incentive program that encouraged Soldiers to bring their families to the Uijeongbu/Dongducheon area for a 2-year tour. In doing so, they would receive $300 per month under the command sponsorship program. Under this program, a DA Form 4187 was not a requirement indicated in the message; rather, it stated the AIP was effective on the date of arrival to the assignment. 2. The evidence of record shows the applicant met the criteria to receive AIP but did not receive the incentive due to confusion over the policy governing the program. 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 showing he was authorized AIP at $300 per month during his service in Korea from May 2013 to May 2015 and paying him all AIP due as a result of this correction with payments charged against the fiscal year when earned. ___________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) AR20150002888 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150002888 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1