BOARD DATE: 8 August 2017 DOCKET NUMBER: AR20160018523 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 August 2017 DOCKET NUMBER: AR20160018523 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 to show he was approved to receive Assignment Incentive Pay (AIP) in the amount of $300 per month for the period 15 January 2014 through January 2016 and by paying him all back AIP 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 August 2017 DOCKET NUMBER: AR20160018523 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 his records to show he was authorized retroactive Assignment Incentive Pay (AIP) for his service in Korea from January 2014 to January 2016. 2. The applicant states he was not paid AIP while serving in Korea from January 2014 to January 2016. He did not receive AIP because his unit would not process his request. He requested the pay multiple times but was told that the policy had been changed in early 2014 and backdated to December 2013. He provided evidence that showed he had been approved for command sponsorship in October 2013 and he was still authorized the pay under the Military Personnel (MILPER) Message that was in effect when approved; however, his battalion would not forward his request to the brigade or finance. 3. The applicant provides: * Orders 294-003333, issued by the U.S. Army Combined Arms Support Command (CASCOM), Fort Lee, VA on 21 October 2013 * Orders 308-00211, issued by the U.S. Army CASCOM, Fort Lee, VA on 4 November 2013 * command sponsorship approval memorandum, dated 25 February 2014 * assignment orders * numerous Leave and Earnings Statements (LES) * DA Form 31 (Request and Authority for Leave) * copy of his military identification card CONSIDERATION OF EVIDENCE: 1. Following enlisted service in the Army National Guard (ARNG), the applicant was appointed as a Reserve commissioned officer of the Army on 18 May 2007. He executed Oaths of Office in the New Jersey ARNG on 19 May 2007. He was separated from the ARNG on 31 May 2010, and transferred to the U.S. Army Reserve. He was ordered to active duty by orders dated 12 May 2010 and he executed an Oaths of Office in the Regular Army on 2 June 2010. 2. Orders 294-003333, issued by U.S. Army CASCOM on 21 October 2013, as amended, show he was approved for command-sponsorship and deferred travel for his spouse for a 24-month accompanied tour in Korea. 3. Orders issued by the 2nd Infantry Division on 16 January 2014 show the applicant arrived in Korea on 15 January 2014 and was assigned to the 1st Armored Brigade Combat Team, 2nd Infantry Division. 4. A memorandum issued by the U.S. Army Installation Management Command Pacific Region on 25 February 2014 shows his family member was authorized to travel to Dongduchon (Area 1), Korea, effective 25 February 2014. 5. Orders issued on 27 November 2015 directed his reassignment to Fort Bragg, NC, with a report date of 15 February 2016, with early report authorized. 6. During the processing of this case, an advisory opinion was obtained from the Compensation and Entitlements Branch, U.S. Army Office of the Deputy Chief of Staff, G-1. The advisory opinion states that after careful review of the applicant's case and in accordance with All Army Activities (ALARACT) Message 121/2013, the applicant qualified for AIP for Korea. The advisory official noted that if the Board chose to correct the applicant's record, he would be entitled to AIP for $300 per month for the period March 2014 through January 2016. 7. The advisory opinion was provided to the applicant to allow him the opportunity to submit additional comments. He did not respond. REFERENCES: 1. ALARACT 121/2013, dated 7 May 2013, established the 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. 2. MILPER Message 11-145 provided guidance pertaining to the application process and payment procedures for AIP. 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 (Personnel Action). After the Soldier initially submitted a 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. DISCUSSION: 1. The evidence of record confirms the applicant arrived in Korea on 15 January 2014 to serve a 24-month command-sponsored tour in Area 1 (Dongducheon), Korea. His family member arrived at a later date. 2. As noted in the advisory opinion, the applicant met the criteria under the AIP program for receipt of AIP in the amount of $300 per month beginning 18 March 2014 through January 2016. The advising official cites ALARACT 121/2013 as the authority for the AIP. However, ALARACT 121/2013 also provides that, in cases such as the applicant's, AIP becomes effective on the date of the Soldier's arrival to the assignment. Although the advisory opinion indicates he was eligible from March 2014 through January 2016, the evidence supports a conclusion that he was actually eligible for AIP from 15 January 2014 through January 2016. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018523 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018523 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2