IN THE CASE OF:    

		BOARD DATE:  23 February 2016	  

		DOCKET NUMBER:  AR20150010443 


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 Korea. 

2.  The applicant states:

     a.  He was told that he was not entitled to AIP for his command sponsored family while in Korea. According to All Army Activities (ALARACT) Message 121/2013, dated 7 May 2013, subject: AIP Program Guidance for Calendar Year (CY) 2013, Soldiers who volunteer for a 24-month initial assignment to Uijeongbu or Dongducheon are authorized Korea AIP.  He was stationed at Camp Casey, Korea, which is in the city of Dongducheon.

    b.  He and his family came to Korea command sponsored under the assumption that they would be receiving AIP.  They received orders on              23 September 2013, when AIP was still authorized for command sponsored families. He submitted a DA Form 4187 (Personnel Action) along with all supporting documents through his chain of command.  He was told that he was not authorized to receive AIP; however, according to Military Personnel Message 11-145 (update to the AIP program for Korea issued on 16 May 2011) and ALARACT Message 121/2013 he was authorized AIP.

3.  The applicant provides:

* Enlisted Record Brief 
* orders
* DA Form 4187

CONSIDERATION OF EVIDENCE:

1.  Orders Number 269-197, issued by the U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Drum, New York, dated         26 September 2013, assigned him with his family to Korea with a report date in accordance with Port Call instructions.

2.  He provided a DA Form 4187, dated 13 May 2015, showing:

     a.  He requested AIP effective 13 February 2014.  

     b.  He was command-sponsored on a 24-month tour in Area 1, Korea and he agreed to accept AIP in the amount of $300.00 per month.  His Date Eligible for Return from Overseas (DEROS) was 9 February 2016.

     c.  His battalion commander recommended approval of his request on          15 May 2015.  

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 All Army Activities Message 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 13 February 2014 through 9 February 2016.  Retroactive AIP disbursements must be charged against the fiscal year (FY) in which they were earned, as follows:

* FY 2014:  13 February 2014 to 30 September 2014 ($2271.00)
* FY 2015:  1 October 2014 to 30 September 2015 ($3,600.00)
* FY 2016:  1 October 2015 to 9 February 2016 ($1296.00) 

4.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected by showing he is authorized to receive Korea AIP.

2.  Sufficient evidence has been presented showing he is authorized Korea AIP for his 24-month command-sponsored tour in Korea which began on                   13 February 2014.  

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’s request for Korea AIP for the period                     13 February 2014 through 9 February 2016 was approved

* paying him retroactive AIP as described in the advisory opinion 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)                                         AR20150010443