BOARD DATE: 24 January 2020 DOCKET NUMBER: AR20180001838 APPLICANT REQUESTS: Correction of his record to show he was paid Assignment Incentive Pay (AIP) for service in the Republic of Korea. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 4187 (Personnel Action), dated 8 July 2016 * Memorandum, Subject: Request for AIP Exception to Policy (ETP), dated 6 February 2017 * Email correspondence FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states in pertinent part, in July 2016 he requested Assignment Incentive Pay (AIP) of his tour in Korea. This would have allowed him to stay one additional year and he would have been paid $3,600.00. He was told this would be paid out at the start of his AlP year (December 2017). The DA Form 4187 was signed and sent to his Brigade S-1 where they made the mistake and sent it directly to the U.S Army Human Resources Command (HRC) and bypassed 8th Army in Korea. Around February 2017, he received a memorandum stating his date eligible for return from overseas had been changed which he used to change his vehicle registration, and his spouse and children's identification and ration cards. He patiently waited until December when he should have been paid the $3,600.00, and it was never paid. After further review, he discovered that 8th Army had no knowledge of his AlP and could not pay him since it had been so long and in a different fiscal year. 3. A review of the applicant’s official records show the following on: a. On 26 September 2012, the applicant was appointed as a Reserve warrant officer and executed an oath of office. He remains on active duty. b. On 1 September 2015, Orders Number 244-89, issued by Headquarters, U.S. Army Garrison Command, Fort Bliss, TX, ordered the applicant on a permanent change of station to Camp Humphreys, Korea. c. The applicant’s records are void of orders extending his tour in Korea, however, it contains DA Forms 67-10-1 (Company Grade Plate (O1-O3; WO1-CW2) Officer Evaluation Report) with thru dates of 13 June 2016, 5 May 2017, and 29 November 2018, showing he was assigned to Headquarters and Headquarters Battery, 35th Air Defense Artillery, Osan Air Base. 4. The applicant provides: * DA Form 4187 showing the applicant volunteered to extend his overseas assignment in Korea for 12 months to accept a $3,600.00 lump sum AIP, and his immediate and senior commanders recommended approval * Memorandum, Subject: Request for AIP ETP wherein the Director, Officer Personnel Management Directorate at HRC approved the request for AIP * Email correspondence wherein an HRC official replied the applicant’s AIP was approved 5. Department of Defense Financial Management Regulation (DODFMR), Volume 7a states a member is eligible for AIP when permanently assigned to Korea in the grade O-3 and below. The maximum monthly rate payable is $500.00. Payment will be made in a lump sum, payable upon approval of the AIP agreement. Approval authorities will require a Soldier to enter into a written agreement in order to qualify for AIP. The agreement will specify the period for which the AIP will be paid and the amount of the lump sum AIP payment. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the facts above, the Board found that relief is warranted. The applicant should be paid AIP in the amount of $3,600.00 for service in Korea. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :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 paying him AIP in the amount of $3,600.00 for service in Korea. 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. ? REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. DODFMR, Volume 7a states a member is eligible for AIP when permanently assigned to Korea in the grade of O-3 and below. The maximum monthly rate payable is $500.00. Payment will be made in a lump sum, payable upon approval of the AIP agreement. Approval authorities will require a Soldier to enter into a written agreement in order to qualify for AIP. The agreement will specify the period for which the AIP will be paid and the amount of the lump sum AIP payment. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180001838 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1