IN THE CASE OF: BOARD DATE: 17 December 2015 DOCKET NUMBER: AR20150015522 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 Sponsored Pay (CSP)/Assignment Incentive Pay (AIP) for his tour in Korea from April 2013 to June 2015. 2. The applicant states, in effect, that: a. He arrived in Area I in Korea and traveled concurrently in April 2013. b. The AIP incentive allowed command sponsored personnel $300.00 a month. c. He submitted paperwork multiple time but the paperwork was delayed and lost at the Battalion level. d. After 31 December 2015, the incentive was closed and those without their O-6’s signature on a DA Form 4187 (Personnel Action) were rejected at no fault of their own. 3. The applicant provides: * Self-authored letter * Military Personnel (MILPERS) Message 11-145 * U.S. Army Installation Management Command Pacific memorandum * a DA Form 4187 * Orders 101-004 dated 12 April 2013 * DA Form 1559 (Inspector General Action Request) CONSIDERATION OF EVIDENCE: 1. Headquarters, 2nd Infantry Division, Orders 101-004, dated 12 April 2013, assigned the applicant to a unit in Yongsan, Korea (Area I) effective 11 April 2013. 2. The applicant was command sponsored for a 24-month accompanied tour in Yongsan, Korea. 3. On 27 January 2014, the applicant submitted his DA Form 4187 requesting CSP/AIP in accordance with Military Personnel (MILPER) Message 11/145. On 11 February 2014, his chain of command recommended approval; however, he was informed that the AIP was stopped due to changes published in All Army Activities (ALARACT) Message 121/2013. 4. The applicant states he submitted multiple DA Forms 4187 requesting CSP/AIP pursuant to MILPER Message 14-037, but the paperwork was lost. 5. 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 ALARACT 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 of $300.00 per month for the period 11 April 2013 through 28 July 2015. Retroactive AIP disbursements must be charged against the fiscal year (FY) in which they were earned, as follows: * FY 2013: 11 April 2013 to 30 September 2013 ($1,700.00) * FY 2014: 1 October 2013 to 30 September 2014 ($3,600.00) * FY 2015: 1 October 2014 to 28 July 2015 ($2,971.00) 6. On 18 October 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. 7. ALARACT Message 121/2013, dated 7 May 2013, subject: AIP Program Guidance for Calendar Year (CY) 2013 provided guidance for eligibility for the AIP Program for the CY 2013. This message expired on 31 December 2013. The AIP Program was an incentive program that encouraged Soldiers to bring their families to Area I for a 24-month tour, and in doing so, they would receive $300 per month. Part II, paragraph 1A provided three categories of assignments eligible for this program. Part II, paragraph 1A (2) stated that Soldiers who volunteer for a 24-month initial assignment are eligible for AIP effective on the date of arrival to the assignment. 8. MILPER Message Number 14-037, dated 12 February 2014, title: Update to the AIP Program for Korea, superseded all previous guidance regarding implementation, application process, and payment for Korea AIP. This message is scheduled to expire not later than 31 December 2015; however, the Korea AIP Program will remain in effect until the program is terminated. DISCUSSION AND CONCLUSIONS: 1. MILPER Message 11-145 expired 1 June 2013. The applicant and his dependents arrived in Yongsan, Korea on 10 April 2013. Their arrivals were at the time ALARACT 121/2013 was in effect which expired on 31 December 2013. His assignment was for a 24-month initial tour. At the time of their arrival a written agreement was not a requirement in that the AIP became effective on the date of their arrival. 2. Sufficient evidence has been presented showing he is authorized Korea AIP for his 24-month initial command-sponsored tour in Area I, Korea which began on 11 April 2013. In view of the foregoing evidence, he should be paid retroactive Korea AIP from 11 April 2013 through 28 July 2015 as recommended in the advisory opinion. 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 was authorized payment of AIP while stationed at Area I, Korea for the period 11 April 2013 through 28 July 2015 * paying him retroactive AIP 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) AR20150000238 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150015522 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1