BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20160005300 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: 23 June 2016 DOCKET NUMBER: AR20160005300 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: a. showing the Department of the Army authorized him to receive AIP at the rate of $300.00 per month during the period 11 December 2013 through 3 December 2015 and b. paying him the 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. BOARD DATE: 23 June 2016 DOCKET NUMBER: AR20160005300 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 payment of Assignment Incentive Pay (AIP). 2. The applicant states: a. In June 2013, he was approved for an Eighth Army Command Sponsorship Program (CSP) assignment in Korea. At that time, CSP service members assigned to Area 1 in Korea were entitled to receive $300.00 a month in AIP for serving a 24-month tour of duty per Military Personnel (MILPER) Message 11-145. He arrived in Korea with this family in December 2013 and did not receive the CSP AIP to which he was entitled. b. He requests receipt of 23 months of CSP AIP at the rate of $300.00 per month. This covers the period from his arrival in Korea in December 2013 to his departure in November 2015 after inactivation of his unit. c. After submitting pay inquiries in 2014, he was told to submit a DA Form 4187 (Personnel Action) requesting the pay. When he did so, the Camp Casey finance office told him CSP AIP actions were no longer being processed. He later heard CSP service members who arrived prior to 1 January 2014 were still entitled to the pay and several other lieutenants were able to secure the pay. d. His application for CSP AIP was subsequently approved at the battalion and brigade levels, but returned without action by the local finance office. Further attempts to secure the pay were also returned without action. The Inspector General referred him to this Board. e. At the time he applied for and was approved for CSP, he was entitled to CSP AIP and he arrived in Korea during the applicable period. Other service members were able to secure CSP AIP while his request was returned without action. He believes this to be in error and unjust. 3. The applicant provides: * permanent change of station orders, dated 15 May 2013 * command sponsorship approval letter, dated 3 July 2013 * memorandum from a fellow officer, dated 8 March 2016 * DA Form 4187 * transmittal record * Military Personnel Message Number 11-145 * leave and earnings statements * itinerary to Korea * CSP AIP email * Inspector General email * permanent change of station orders, dated 5 May 2015 CONSIDERATION OF EVIDENCE: 1. The applicant was commissioned as a Reserve officer in the rank of second lieutenant on 21 December 2012. 2. On 3 July 2013, he was approved for a command-sponsored 24-month accompanied tour to Korea. His records show he arrived in Korea in November 2013 and his family arrived on 11 December 2013. 3. He was promoted to first lieutenant effective 30 June 2014. 4. He provided a DA Form 4187, dated 15 July 2014, showing he submitted a request for CSP AIP beginning 1 December 2013. He stated he was command sponsored on a 24-month tour in Area I in Korea and he agreed to accept AIP in the amount of $300.00 per month for each month he served in this assignment. His date eligible for return from overseas was 29 November 2015. His request was approved by the brigade commander on 5 August 2014. 5. An advisory opinion was obtained from the Chief, Compensation and Entitlements, Department of the Army Office of the Deputy Chief of Staff, G-1, in the processing of this case. The opinion states: a. After careful review of this case and in accordance with All Army Activities (ALARACT) 121/2013, the applicant qualified for AIP-Korea when he was approved for command sponsorship prior to arriving in Korea. b. If the Board chooses to correct his records, he would be entitled to AIP at the rate of $300.00 per month for the period 11 December 2013 through 3 December 2015. c. The retroactive Army military personnel AIP disbursements must be charged against the fiscal year (FY) when earned: * AIP disbursements due between 11 December 2013 and 30 September 2014 – FY14 ($2,893.54) * AIP disbursements due between 1 October 2014 and 30 September 2015 – FY15 ($3,600.00) * AIP disbursements due between 1 October 2015 and 3 December 2015 – FY16 ($619,35) 6. The advisory opinion was furnished to the applicant for comment. He responded and concurred with the opinion. REFERENCES: ALARACT 121/2013 (AIP Program Guidance for Calendar Year 2013), dated May 2013, states there are three categories of assignments eligible for the Korea AIP program. The categories are: a. Soldiers who volunteer for a 36-month initial assignment to Pyeongtaek, Osan, Daegu, Chinhae, or Seoul. Agreements for this category become effective on the date of arrival to the assignment; b. Soldiers who volunteer for a 24-month initial assignment to Uijongbu or Dongducheon. Agreements for this category become effective on the date of arrival to the assignment; and c. Soldiers who accept an initial tour to Korea in any location and later elect to extend their assignment length for 12 or 24 months. Agreements for this category become effective upon commencement of the tour with an extension agreement, or entering the extension, whichever is earlier. A written agreement that clearly identifies the extended tour length and AIP rate is required. Approved Soldiers may be paid $300.00 per month beginning on the effective date of the agreement. DISCUSSION: 1. The evidence confirms: a. He was approved for a command-sponsored 24-month accompanied tour to Korea in July 2013. b. He submitted a request for CSP AIP for payment of $300.00 for his 24-month tour in Korea in July 2014. His request was approved on 5 August 2014. 2. In accordance with ALARACT 121/2013, he qualified for AIP-Korea when he was approved for command sponsorship in July 2013. 3. Per Army G-1, he was entitled to AIP at the rate of $300.00 per month for the period 11 December 2013 through 3 December 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) AR20160005300 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005300 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2