BOARD DATE: 8 November 2016 DOCKET NUMBER: AR20150010684 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 BOARD DATE: 8 November 2016 DOCKET NUMBER: AR20150010684 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 her request for assignment incentive pay for Korea was processed and approved in a timely manner, in the amount of $300 per month for the period 10 September 2013 to 25 June 2015, and paying her any monies due 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. BOARD DATE: 8 November 2016 DOCKET NUMBER: AR20150010684 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 correction of her records to show she is authorized retroactive assignment incentive pay (AIP) for her service in Korea. 2. The applicant states: a. She and her command-sponsored family member arrived at the 2nd Infantry Division (ID), Dongducheon, Korea on 10 September 2013. In accordance with Military Personnel (MILPER) Message 11-145 (Update to the AIP Program for Korea), dated 16 May 2011, and per All Army Activities (ALARACT) message 121/2013, dated 7 May 13, she was authorized AIP for Korea. b. The established method of agreement was either a DA Form 4187 (Personnel Action) or a memorandum under MILPER Message Number 11-145. ALARACT 121/2013, Part II (Individual program guidance), paragraph 1(2), stated, "Soldiers who volunteer for a 24-month initial assignment to Uijongbu or Dongducheon. Agreements for the category become effective on the date of arrival to the assignment." c. She had a command-sponsored, 24-month accompanied tour since her arrival in Korea in September 2013 and ALARACT 121/2013 was still in effect. The Korea AIP program was an incentive program that encouraged Soldiers to bring their families to Area 1 in Korea (UijeongbuIDongducheon) for a 2-year tour. In doing so; they would receive $300 per month incentive pay. Her family accompanied her to Area 1, Dongducheon, Korea. Under this program, a DA Form 4187 was not a requirement indicated in the message; rather, it stated that AIP was effective on the date of arrival to the assignment. d. She submitted her AIP request on a DA Form 4187 in May 2014 and her company commander signed it on 10 July 2014. Her battalion commander signed it on 21 July 2014 and it was received and signed at the final approval authority on 5 August 2014. e. Her battalion personnel office turned in her completed packet to Finance on 12 August 2014 but she never received an update. She went to the 175th Finance and inquired about the status of her AIP packet and found out from the junior Soldier in the finance office that they no longer process AIP paperwork but instead it needed to go through 8th Army. She then called 8th Army in Yongsan and inquired about the AIP process. The officer in charge told her that she was not eligible for AIP because ALARACT 121/2013 and MlLPER Message 11-145 were no longer in effect. f. To compound the issue, the new MILPER Message 14-037 required the DA Form 4187 to be routed through 8th Army G-1 for processing and also stipulated that 8th Army available funds were only for fiscal year 2014 (FY14) and out years, not for FY13 AIP. If Soldiers under the FY13 AIP program had their paperwork signed under the new AIP message in Jan 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 Army Board for Correction of Military Records. g. There were many factors that led to the administrative delays, conflicting guidance, and differing interpretations of the AIP policy guidance caused by the MILPER and ALARACT messages to the subordinate commands. The 8th Army G-1 and Department of the Army (DA) G-1 issued a fragmentary order (FRAGO) to clarify the discrepancies and to provide guidance to subordinates. These issues, as well as the inordinate amount of time it took to process her paperwork from the company to battalion to brigade for approval, were the catalysts to the delays and were through no fault of her own. 3. The applicant provides: * MILPER Message 11-145, dated 16 May 2011 * ALARACT message 121/2013, dated 7 May 2013 * Order C1-172-012, issued by Headquarters, U.S. Army Garrison, Hawaii on 21 June 2013 * Carlson Wagonlit Travel/SATO flight itinerary * DD Form 1351-2 (Travel Voucher or Subvoucher), signed by the applicant on 27 May 2014 * DA Form 4187, signed by the applicant on 10 July 2014 * DA Form 4187-1-R (Personnel Action Form Addendum), signed by the applicant on 21 July 2014 CONSIDERATION OF EVIDENCE: 1. The applicant is currently serving on active duty in the rank of sergeant/E-5. 2. Orders issued by Headquarters, U.S. Army Garrison, Hawaii on 21 June 2013, directed her reassignment to the 2nd ID Replacement Detachment, Korea, with a reporting date of 9 September 2013. The orders show she was approved for command-sponsorship of her spouse and child and she was to serve a 24-month accompanied tour. 3. A DD Form 1351-2 shows she arrived in Korea on 8 September 2013, accompanied by her spouse and child. 4. She provided a DA Form 4187, dated 10 July 2014, which shows she requested AIP beginning on 8 September 2013. The form shows her commanding officer recommended approval of her request on the same date. 5. During 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. The advising official recommended approval of the applicant's request and stated: a. After careful review of his case, and in accordance with ALARACT 121/2013 Part II (2), the applicant qualified for the AIP, Korea when she was approved for command-sponsorship prior to arriving in Korea. b. She is entitled to the AIP of $300 per month for the period 10 September 2013 through 25 June 2015. 6. The advisory opinion was provided to the applicant to allow her the opportunity to submit comments or a rebuttal; however, no response was received. REFERENCES: 1. MILPER Message 11-145 provided guidance pertaining to the application process and payment procedures for AIP, which was an incentive offered to Soldiers for certain assignments in Korea. This MILPER message provided that: a. The AIP Program provided incentives for Soldiers on assignment to Korea to request extension of their accompanied or unaccompanied tours, and encouraged Soldiers already assigned to Korea to volunteer to extend their current Korea tours. AIP further promoted predictability for Soldiers and families, and improved readiness in Korea while reducing turbulence throughout the Army. b. Soldiers who were approved for an extension would be paid AIP in the amount of $300 per month upon arrival to Korea and approval of their AIP contract. 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 would be paid AIP of $300 per month upon execution of the AIP contract. d. Upon arrival in Korea, all Soldiers would be counseled on the AIP program. Soldiers who desired to volunteer for AIP would sign a DA Form 4187. After the Soldier initially submitted their signed DA Form 4187, the unit S-1 would update Army database systems and, upon final approval, a copy of the DA Form 4187 would be provided to the Military Personnel Division for retention by the Soldier's unit of assignment, and a copy would be provided to the servicing finance office for processing of payment. 2. ALARACT 121/2013, dated 7 May 2013, provided guidance for the AIP program. It stated the purpose of the AIP was 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. The three categories of assignments eligible for this program were: a. Soldiers who volunteered for a 36-month initial assignment to Pyeongtaek, Osan, Daegu, Chinhae, or Seoul; agreements for this category became effective on the date of arrival to the assignment. b. Soldiers who volunteered for a 24-month initial assignment to Uijongbu or Donghueon; agreements for this category became effective on the date of arrival to the assignment. c. Soldiers who accepted an initial tour to Korea in any location and later elected to extend their assignment length by 12 or 24 months; agreements for this category became effective upon commencement of the tour with an extension agreement, or the date the Soldier submitted the extension, whichever was earlier. DISCUSSION: 1. The evidence of record confirms the applicant was assigned to Korea on a 24-month command sponsored tour and arrived in Korea with her family members on 8 September 2013. 2. As verified by the Chief, Compensations and Entitlements, Office of the Deputy Chief of Staff, G-1, she was granted command-sponsorship to serve an accompanied 24-month tour within the prescribed time limits and met the criteria under the AIP program for receipt of AIP in the amount of $300 per month, from the date of her arrival to her unit in Korea on 10 September 2013 to the date of her departure on 25 June 2015. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010684 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010684 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2