IN THE CASE OF: BOARD DATE: 28 June 2016 DOCKET NUMBER: AR20150005556 BOARD VOTE: ____X_____ ___X____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 28 June 2016 DOCKET NUMBER: AR20150005556 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 applied for and was approved for Korea Assignment Incentive Pay (AIP) under the Fiscal Year 2013 Department of Defense provisions and is entitled to retroactive pay of $300 per month from 1 July 2013 through 30 June 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. IN THE CASE OF: BOARD DATE: 28 June 2016 DOCKET NUMBER: AR20150005556 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 Command Sponsorship Pay/Assignment Incentive Pay (AIP). 2. The applicant states his incentive pay agreement was not honored through no fault of the service member. The request was rejected due to extensive time to process the paperwork within the unit. 3. The applicant provides copies of – * DA Form 4187 (Personnel Action) * January 2013 Leave and Earnings Statement (LES) * his 2013 Officer Record Brief (ORB) * 14 February 2013 Permanent Change of Station (PCS) orders to Korea * 12 June 2013 amendment of his PCS orders * 2 July 2013 transfer arrival information * 11 February 2015 2nd Infantry Division Memorandum CONSIDERATION OF EVIDENCE: 1. The applicant, as an active duty major, received PCS orders to Korea on 14 February 2013. 2. A DA Form 4187 as provided by the applicant shows he completed a written AIP agreement to serve in Korea for at least 2 years on 24 July 2013. 3. In an 11 February 2015 2nd Infantry Division Memorandum to the Army Board for Correction of Military Records (ABCMR), the Commanding General requested the applicant be granted retroactive entitlement and payment of the Fiscal Year (FY) 2013 AIP. He states: a. The applicant arrived in Korea on 1 July 2013 and was authorized AIP. b. His application for AIP was initiated on 24 July 2013 but it took over 6 months to reach final approval level at which time it was rejected for timeliness. c. To compound the problem, in February 2014, a new MILPER Message #14-037 (effective date of 1 January 2014, published on 12 February 2014) required the DA Form 4187 to be routed through 3rd Army G1 for processing. d. Eighth Army funds were only available for FY 2014 AIP and out years not FY 2013 AIP. If Soldiers under the FY 2013 AIP had their paperwork signed in January 2014, they would incur an additional year to the AIP contract. Consequently, many of the Soldiers in this category have stopped the process and are applying for their incentive pay through the ABCMR. e. After thorough analysis, we determine there were many factors that led to the administrative delays as well as conflicting guidance and differing interpretation of the AIP policy guidance caused by MILPER and ALARACT messages to the subordinate commands. Third Army and Department of Army, G1 concur with the message confusion; however, through their acknowledgement, a Fragmentary Order to clarify the discrepancies and to provide guidance to the subordinates was not produced. f. The aforementioned issues as well as the inordinate amount of time it took to process the paperwork from the unit to battalion to brigade for approval were the catalyst for delays, which is not due to the fault of the service member. Therefore, the commanding general is requesting the applicant receive retroactive payment of AIP. 4. The date the retroactive entitlement and payment was denied is not of record. 5. An advisory opinion was obtained from the Office of the Deputy Chief of Staff G-1, Chief, Compensations and Entitlements who states that: a. The applicant was qualified for the Korea AIP because he had entered into a written agreement to serve 24-months in Korea, Area 1 within prescribed time limits. AIP payments start on the effective date of arrival to Korea and approval of AIP. b. According to the applicant’s assignment orders and DA Form 4187, he arrived in Korea on 1 July 2013, with an assignment to serve 24-months with dependent tour in Area 1, qualifying 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's DA Form 4187 was not signed or approved when he arrived in Korea effective 1 July 2013, for AIP. He signed the agreement on 24 July 2013, requesting Command Sponsorship Pay/AIP. There was no Command Sponsorship Pay program but a Department of Defense (DOD) wide AIP was available. d. The applicant met the eligibly criteria for the Korea AIP; however, it appears the personnel office failed to process his DA Form 4187 request in a timely manner. e. If the board chooses to correct his record, he would be entitled to AIP in the amount of $300 per month for the period of 1 July 2013, through 31 June 2015. f. The retroactive Army AIP disbursements must be paid in the year the payment was due as follows: (1) AIP disbursements due between 1 July 2013 - 30 September 2013; FY 2013; (2) AIP disbursements due between 1 October 2013 - 30 September 2014; FY 2014; and (3) AIP disbursements due between 1 October 2014 - 30 September 2015; FY 2015. REFERENCES: 1. DOD Instruction (DODI) 1340.26 set forth the policies, assigns responsibilities, and prescribes procedures governing the administration of AIP. It states: a. AIP is a temporary compensation tool to provide an additional monetary incentive to encourage Active Component or Reserve Component members to volunteer for difficult-to-fill or less desirable assignments, locations, or units designated by, and under the conditions of service specified by, the Secretary concerned. AIP will not transfer from one assigned duty location or position to another unless the new duty location or position is eligible for an established AIP program. b. The maximum monthly amount of assignment or special duty pay may not exceed the pay ceiling authorized by the Deputy Assistant Secretary of Defense (Mobilization Program Pre-assignment) at the time the service member enters into a written AIP agreement. 2. The 2 January 2014 Information Paper for FY 2014 Korea AIP Program states: a. The Korea AIP Program is an annual program approved by Headquarters, Department of the Army G-1. On 24 December 2013, the Director, HQDA G-1, Plans and Resources approved the FY 2014 Korea AIP program which is effective 1 January 2014. The FY 2014 provisions rendered several significant changes to the processing and scope of the AIP. b. The AIP program provides commanders an incentive tool to increase unit readiness by enticing high quality, high performing Soldiers assigned to Korea to extend their current tour by 12 months. Soldiers who are approved to extend their tour length through the AIP program provide stability and continuity to their unit, increasing unit readiness. By targeting specific grades and/or skill sets, this program allows 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. Additionally, the program increases unit readiness through a stronger US-Republic of Korea (ROK) Alliance by providing more time for Leaders and Soldiers, at the appropriate levels, to cultivate strong relationships with their ROK counterparts. c. New AIP written agreements must adhere to the policy outlined in reference 2c and supersedes all previous guidance regarding the implementation and application process for Korea AIP and payment of AIP for Korea assignments. Any approved AIP agreement in existence prior to 1 January 2014 will remain valid under its terms until the effective termination date of the agreement. d. In accordance with Sections 201, 206, 307a, and 303a(e) of Chapter 5, Title 37 United States Code, and DODI 1340.26, Subject: AIP, 26 February 2013; AIP will only be paid for the period of the extension (12 months) in either monthly installments or lump sum. Commander, Eighth Army has approved Korea AIP in the amount of $300. Approved Soldiers may be paid $300 per month at the start of the extension period or a lump sum ($3,600) prior to the extension period upon approval of the AIP contract. This is a change from previous Korea AIP programs. Soldiers will identify which method of payment on their DA Form 4187. e. Soldiers are limited to a maximum of 24 monthly payments. DISCUSSION: 1. The applicant is entitled to an AIP based on his agreement to serve 2 years in Korea commencing on 1 July 2013. 2. The applicant filed a request for this incentive shortly after arriving in Korea. However, due to administrative delays over which the applicant had no control, the request was not acted on in a timely manner and was rejected as not having been requested and approved in a timely manner. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150005556 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150005556 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2