IN THE CASE OF: BOARD DATE: 26 October 2021 DOCKET NUMBER: AR20200009870 APPLICANT REQUESTS: * entitlement to Cyber Assignment Incentive Pay (CAIP) * personal appearance APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum – Subject: Implementation Guidance for the Fiscal Year 20 CAIP Program, 30 October 2019 * Memorandum – Subject: Approved CAIP for Army Cyber Workforce, 15 May 2020 * Memorandum – Subject: Approved CAIP for Army Cyber Workforce, 28 September 2020 * DA Form 4187 (Personnel Action), dated 30 October 2020 FACTS: 1. The applicant states in pertinent part that she met the eligibility requirements for entitlement to $1,000.00 per month of CAIP on 30 October 2019. She submitted her DA Form 4187 on 6 November 2019 to reflect the pay change and obtained signature approval. However, since she was assigned to the Training and Doctrine Command, the processing of her paperwork did not reach the U.S. Army Cyber Command (ARCYBER) or the Defense Finance and Accounting Services (DFAS) until 20 April 2020. She further provides that after speaking with the CAIP manager within ARCYBER and validating her claim, she was advised to request retroactive entitlement to CAIP from 6 November 2019 – 20 April 2020. Other personnel assigned to her team, who met the same criteria, submitted their documentation and received the CAIP entitlement. She is the only one that did not. 2. A review of the applicant's available service records reflects the following: a. On 4 February 2013, the applicant enlisted in the Regular Army. b. On 27 July 2013, the 344th Military intelligence Battalion issued Orders Number 208-049 awarding the applicant Military Occupational Specialty (MOS) 35Q (Cyber Intelligence Analyst) effective 11 October 2013. c. On 20 August 2013, the U.S. Army Intelligence Center of Excellence issued Orders Number 232-23 reassigning the applicant to the 782nd Military Intelligence Battalion with a report date of 28 November 2013. d. On 29 January 2015, the U.S. Army Cyber Center of Excellence issued Orders Number 029-301 awarding the applicant the "E4" (Cyber Mission Force Service) Additional Skill Identifier (ASI) effective 1 March 2014. e. On 27 June 2017, the U.S. Army Cyber Center of Excellence issued Orders Number 178-808 promoting her to Staff Sergeant (SSG)/E-6 effective 1 July 2017; MOS 17C (Cyber Operations Specialist) was awarded as her primary MOS. f. On 22 October 2018, the U.S. Army Cyber Center of Excellence issued Orders Number 295-300 reassigning the applicant to the U.S. Army Cyber School with a retroactive report date of 10 October 2018. g. On 1 February 2019, the applicant completed the Cadre Training Course, and on 24 February 2020, the U.S. Army Cyber Center of Excellence issued Orders Number 055-306 awarding the "8" (Instructor) Special Qualifications Identifier (SQI) to the applicant for her successful completion of the Common Faculty Development – Instructor Course. 3. The applicant provides the following a: a. Memorandum – Subject: Implementation Guidance for the Fiscal Year 20 CAIP Program, dated 30 October 2019, reflective of the written agreement for implementing the CAIP Program for the Cyber Workforce, to include those personnel directly supporting cyber operations at the National, Combatant Command, and Service levels, and personnel supporting cyber operations at the national level across the U.S. Army Intelligence and Security Command (INSCOM). Paragraph 5 provides that CAIP will be awarded based on a Tier I, II, III and IV process for Soldiers certified. Tier I includes Officers, Warrant Officers, and Enlisted Soldiers fully certified in one of the following work roles: Remote Operator (RO), Exploitation Analyst (EA), and Cyberspace Capability Developer (CCD). Tier I also includes those directly assigned to a Cyber Mission Force Team, those serving as an institutional or foundational training instructor, or those performing cyber operations in other organizations. Those Tier I personnel that are assigned as instructors can only enter into a 12 month CAIP agreement. These personnel are authorized to receive a monthly CAIP stipend based on their level of proficiency (Basic - $1,000.00, Senior - $1,250.00 and Master - $1,500.00). Brigade and Battalion Command Teams will use the Unit Commander's Finance Report or the Unit Entitlement Report to verify that Soldiers approved for CAIP receive their entitlements within 30 days after ARCYBER approves the request. b. Memorandum – Subject: Approved CAIP for Army Cyber Workforce, dated 15 May 2020, reflective of the ARCYBER Command's approval of CAIP for 6 Soldiers certified, trained and serving in a designated Cyber Work Forces Work role. The applicant was identified as an "Exploitation Analyst" with entitlement to Tier I (Basic) CAIP in the amount of $1,000.00 per month effective 20 April 2020. c. Memorandum – Subject: Approved CAIP for Army Cyber Workforce, dated 28 September 2020 reflective of the ARCYBER Command's approval of CAIP for the applicant as an "Exploitation Analyst" with entitlement to Tier I (Basic) CAIP in the amount of $1,000.00 per month effective 20 April 2020. d. DA Form 4187, dated 30 October 2020, reflective of the applicant's submitted request for CAIP at a rate of $1,000.00 per month for 12 months' effective 6 November 2019. This document was endorsed by the Cyber School Commandant on 30 October 2020. 4. On 30 August 2021, Office of the Deputy Chief of Staff, G-1, Compensation and Entitlements Division provided an advisory opinion recommending disapproval of her request for relief, citing that Soldiers must request these incentives by submitting a DA Form 4187 to the appropriate approving official. Requests for these incentives must demonstrate completion of the defined prerequisites for the assigned work role and agree to a period of service commensurate with the payment of the incentive. The effective date of the incentive will be the date of approval from the approving official. The applicant failed to provide evidence of the service agreement associated with the incentive pays prior to request on 30 October 2020. 5. On 2 September 2021, the applicant was provided with a copy of the advisory opinion and afforded 15 days to provide comments in response. As of 28 September 2021, the applicant had not responded. BOARD DISCUSSION: 1. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. Board members reviewed her statement that she met the eligibility requirements for entitlement to $1,000.00 per month of entitlement to Cyber Assignment Incentive Pay (CAIP) on 30 October 2019. She submitted her DA Form 4187 on 6 November 2019 to reflect the pay change and obtained signature approval. However, her paperwork did not reach the higher command or DFAS until 20 April 2020. Board members further noted that a Soldier must request these incentives by submitting a DA Form 4187 to the appropriate approving official. Requests for these incentives must demonstrate completion of the defined prerequisites for the assigned work role and agree to a period of service commensurate with the payment of the incentive. The effective date of the incentive will be the date of approval from the approving official. Notwithstanding the advisory official's recommendation to deny her request because she failed to provide evidence of the service agreement associated with the incentive pays prior to request on 30 October 2020, based on a preponderance of evidence, the Board determined that the denial of this incentive was in error or unjust. 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: * Showing the applicant timely submitted a DA Form 4187 requesting Tier I Cyber Assignment Incentive Pay (CAIP) from 6 November 2019 – 20 April 2020 * Showing the applicant entered into a 12 month CAIP agreement. * Showing her request was timely received and approved by the appropriate official for payment of this incentive 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. Department of Defense (DOD) Financial Management Regulation, Volume 7A "Military Pay Policy – Active Duty and Reserve Pay" provides that the Department of Defense (DOD) may give Assignment Incentive Pay (AIP) to eligible Active/Regular and Reserve Component (RC) Service members. Incentive pay paid under this section is in addition to any other pay or allowance to which the Service member is entitled to. The Secretary of the Military Department concerned will establish payment levels to be either monthly payments, installments, or a lump sum amount not to exceed a maximum monthly average of $1,500.00. The Army Cyber (ARCYBER) Command AIP Program applies to enlisted Soldiers, Warrant Officers and Commissioned Officers who are fully trained and certified in a U.S. Cyber Command or ARCYBER work role. Soldiers must have completed the appropriate training and have been awarded the appropriate certifications located inside the Cyber Mission Force (CMF) or those directly executing strategic to tactical level cyber missions required outside of the CMF. Soldiers must enter into a written agreement to serve 1 to 3 years in an ARCYBER approved billet. 2. DOD Instruction 1340.26 (Assignment and Special Duty Pays) provides that Assignment Incentive Pay (AIP) is designed to encourage Service members to volunteer for difficult-to-fill or less desirable assignments, locations, or units designated by, and under the conditions of service specified by the Secretary of the Military Department concerned. 3. Title 37, U.S. Code, section 307a (Special Pay: Assignment Incentive Pay) provides the Secretary concerned may pay incentive pay under this section to a member of a uniformed service who performs service, while entitled to basic pay, in an assignment designated by the Secretary concerned. Incentive pay payable under this section may be paid on a monthly basis, in a lump sum, or in installments. The Secretary concerned shall require a member performing service in an assignment designated under subsection (a) to enter into a written agreement with the Secretary in order to qualify for the payment of incentive pay on a lump sum or installment basis under this section. The written agreement shall specify the period for which the incentive pay will be paid to the member and, subject to subsection (c), the amount of the lump sum, or each installment, of the incentive pay. 4. Memorandum – Subject: Implementation Guidance for Fiscal Year 20 Cyber Assignment Incentive Pay (CAIP) Program, dated 30 October 2019, provides that CAIP distribution will be awarded based on a Tier I, 11, Ill and IV process for Soldiers certified in their work role. a. Tier I: includes Officers, Warrant Officers, and Enlisted Soldiers fully certified in Remote Operator (RO), Exploitation Analyst (EA), and Cyberspace Capability Developer (CCD). (Basic Proficiency - $1,000.00, Senior Proficiency - $1,250.00 and Master Proficiency - $1,500.00). b. Tier II: includes Officers, Warrant Officers, and Enlisted Soldiers fully certified in Data Architect (Master proficiency level only), Network Analyst (Master proficiency level only), and System Analyst (Master proficiency level only) and directly assigned to a Cyber Mission Force Team. Master Proficiency maximum monthly pay rate = $600.00. c. Tier Ill: includes Officers, Warrant Officers, and Enlisted Soldiers fully certified, serving in an authorized cyber work role (not listed in Tier I), and directly assigned to a Cyber Mission Force Team. Basic Proficiency maximum monthly pay rate = $250.00; Senior Proficiency maximum monthly pay rate = $400.00; Master Proficiency maximum monthly pay rate = $600.00. d. Tier IV: includes Officers, Warrant Officers, and Enlisted Soldiers fully certified in an authorized cyber work role and directly supporting Cyber Mission Force through institutional and foundational training as an instructor within the Cyber Center of Excellence (CCOE) or Army Cyber Institute (ACI). This tier also includes Soldiers certified in an authorized cyber work role and conducting cyber operations while assigned to the U.S. Army Cyberspace Operations and Integration Center (ACOIC), Joint Forces Headquarters-Cyber (JFHQ-C), 1st Information Operations Command (1st IOC), Cyberspace Operations Integrated Planning Elements (IPE), the 915th Cyber Warfare Battalion, and Joint Special Operations Command (JSOC) at the National, Combatant Command, and Service levels. Soldiers in this category must certify their JQR yearly, in order to receive a monthly CAIP stipend. Basic Proficiency maximum monthly pay rate = $200.00; Senior Proficiency maximum monthly pay rate = $300.00; Master Proficiency maximum monthly pay rate = $500.00 e. Regardless of Tier level, all Soldiers eligible for CAIP will complete a DA Form 4187. The DA Form 4187 will serve as the CAIP written agreement for the Soldier to serve one to three years within the Cyber Mission Force for Tier I, II or Ill levels. f. Brigade and Battalion Command Teams will use the Unit Commander's Finance Report or the Unit Entitlement Report to verify that Soldiers approved for CAIP receive their entitlements within 30 days after ARCYBER approves the request. Until otherwise directed, the ARCYBER CAIP Program Manager will forward all approved CAIP requests to the installation's Director, Finance and Accounting Office for processing. g. Soldiers are not required to reenlist or extend in order to receive CAIP entitlements. 5. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200009870 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1