IN THE CASE OF:	  

		BOARD DATE:	        24 February 2009

		DOCKET NUMBER:  AR20080016142 


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, in effect, payment of Foreign Language Proficiency Pay (FLPP) for the period 19 November 2004 through 18 November 2005.

2.  The applicant states he was called to active duty on 17 October 2004 in preparation for deployment to Iraq in support of Operation Iraqi Freedom.  While at Fort Lewis, WA, he took the Defense Language Proficiency Test (DLPT) for French and qualified with a score of 3/3 (Listening/Reading).  He then submitted a DA Form 4187 (Personnel Action), with supporting documentation, to his Reserve unit administrator (UA) requesting FLPP commencing on 19 November 2004 and continuing for 1 year.  He deployed to Iraq on 16 December 2004.

3.  Upon his redeployment, the applicant discovered his UA had not processed his DA Form 4187 before leaving the unit; the new UA had to start the process anew.  He states the UA apparently was not familiar with FLPP and did not know how to proceed with his request.  In early 2007, the UA referred the matter to the Battalion-level UA.  In early 2008, the Battalion UA rotated out and the applicant had to start from scratch once again.  Finally in August 2008, the new Battalion UA contacted the appropriate personnel and determined the proper procedure for processing the original 2004 DA Form 4187.  Unfortunately, because it was no longer timely, the applicant was told to submit a DD Form 149 (Application for Correction of Military Record).

4.  The applicant provides a DA Form 4187, dated 14 September 2008; a DA Form 330 (Language Proficiency Questionnaire), dated 4 November 2004; a DD 
Form 214 (Certificate of Release or Discharge from Active Duty), with the ending period 30 August 2008; and 3-pages of "MILPER MESSAGE NR 02-162," dated 22 May 2002.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a Colonel in the U.S. Army Reserve (USAR) and a French linguist.  He was called to active duty on 17 October 2004 and served until he was honorably separated on 30 August 2008.  He served in Iraq from 17 December 2004 through 22 February 2006.

2.  The applicant was mobilized at Fort Lewis where he took the DLPT for French on 19 November 2004.  He scored a “Listening/Reading” level of “3/3” which qualified him to receive FLPP of $100 per month for 12 months.  A DA Form 330, dated 19 November 2004, attests to his level of proficiency.

3.  The applicant stated he submitted a DA Form 4187 requesting FLPP through his company-level UA before deploying to Iraq on 17 December 2004.  There is no record of this DA Form 4187 in the applicant’s records, nor did he submit a copy with his request to the Army Board for Correction of Military Records (ABCMR).

4.  The applicant redeployed to the U.S. on 22 February 2006.  The record shows that on 14 September 2008, his company forwarded a DA Form 4187 to the 63rd Regional Readiness Command (RRC) requesting the applicant be paid FLPP, ostensibly from 19 November 2004.

5.  Army Regulation 611-60 (Army Linguist Management), in effect at the time, prescribed policy and guidance for the administration of Foreign Language Proficiency Pay (FLPP).  The regulation stated that FLPP is a monthly monetary incentive paid to officers, warrant officers, and enlisted personnel who qualify for and maintain the required proficiency in a designated foreign language.  A Soldier was eligible to receive FLPP if all of the following is met:  (1) On active duty and entitled to basic pay;   2) Certified proficient within the past 12 months in a foreign language for which the Department of Defense has a critical need; (3) Assigned to military duties requiring proficiency in the requisite language and performing the duties of the position.

6.  All Army Activities (ALARACT) Message 111305Z April 2000, announced changes to FLPP.  In pertinent part, the ALARACT described FLPP I and FLPP II.  FLPP I was described as being for career linguists who were assigned to a language-required position or those who were in exempt categories for 
assignment.  FLPP II was described as for non-career linguists who were proficient in a language, but were not assigned to a language position.  French was identified as a FLPP II language and Soldiers who scored a 3/3 proficiency level on the DLPT for French were authorized $100 per month for 12 months from the date of proficiency provided they were on active duty.  FLPP beyond 12 months required re-certification via the DLPT.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests he be paid FLPP at the rate of $100 per month for the period 19 November 2004 through 18 November 2005.

2.  Although no record exists, the applicant claims he submitted his DA Form 4187 request for FLPP immediately prior to his 17 December 2004 deployment to Iraq.  A record does exist to show the applicant took the DLPT in French, a FLPP II language, on 19 November 2004 during mobilization processing at Fort Lewis.  Having taken such a step, it is logical to assume he submitted his request for FLPP shortly thereafter.

3.  It appears that, through no fault of the applicant, his UA failed to process his request for FLPP and he never received his FLPP for the period 19 November 2004 through 18 November 2005.  When he returned from Iraq on 22 February 2006, he attempted to correct the situation without success.  He left active duty on 30 August 2008 and, finally, on 14 September 2008, his unit commander submitted his request to the 63rd RRC.

4.  The applicant was proficient in French, a FLPP II language.  He established his proficiency on active duty via the DLPT on 19 November 2004.  He should have received $100 per month in FLPP for the next 12 months; this did not happen.  In the interest of justice and equity, he should receive that pay now.

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 he timely submitted his application and was approved for FLPP II pay of $100 per month for the period 19 November 2004 through 18 November 2005; and by paying to him the amount of $1,200 minus applicable deductions.


															XXX
      ______________________
       	   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)                                         AR20080016142



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ABCMR Record of Proceedings (cont)                                         AR20080016142



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