IN THE CASE OF:	  

		BOARD DATE:	  30 September 2010

		DOCKET NUMBER:  AR20100009420 


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 Foreign Language Proficiency Pay (FLPP) for the period 7 May 2007 to 27 November 2007.

2.  The applicant states he received FLPP until 6 May 2007.  He states that the Defense Finance and Accounting Service (DFAS) advised him they could not pay his FLPP based on orders issued while he was on active duty.  He needs a new order issued after his transfer to the U.S. Army Reserve (USAR).

3.  The applicant provides copies of:

* his DA Form 330 (Language Proficiency Questionnaire), dated 
28 November 2006
* an undated memorandum from the Test Control Officer, Friedberg Education Center, Subject: Defense Language Proficiency Exam
* his orders awarding him his FLPP rating, dated 29 November 2006
* his DA Form 5691-R (Request for Reserve Component Assignment Orders), dated 20 March 2007
* a DD Form 3540-R (Certificate and Acknowledgement of U.S. Army Reserve Service Requirements and Methods of Fulfillment), dated
20 March 2007
* his DA Form 5435-R (Statement of Understanding - The Selected Reserve Montgomery GI Bill), dated 20 March 2007
* 
a memorandum, Subject: Incoming Transiting Soldier, dated 20 March 2007, signed by a Headquarters, U.S. Army Europe, Reserve Component Career Counselor
* his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 6 May 2007
* his separation orders, dated 18 January 2007
* his Enlisted Record Brief (ERB) dated 28 March 2007
* emails, dated from 26 January to 3 February 2010, between himself and Headquarters, U.S. Army Reserve Command (HQ, USARC)
* additional emails, dated from 8 February to 9 September 2009

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel records show he enlisted in the Regular Army on 7 May 2003 for a period of 4 years.  He completed basic and advanced individual training and he was awarded military occupational specialty (MOS) 44C (Financial Management Technician).

2.  A DA Form 330, dated 28 November 2006, shows the applicant was tested in Chinese-Mandarin and his proficiency levels were:

* listening proficiency level:  3
* reading proficiency level:  3

3.  A Memorandum from the Friedberg Education Center stated the applicant took his language proficiency exam for Chinese on 28 November 2006.  He attained a listening proficiency level of 3 and a reading proficiency level of 3, which equates to a general professional proficiency.

4.  Detachment C, 55th Personnel Services Battalion, Orders 333-100, dated 
29 November 2006, awarded the applicant FLPP for Chinese-Mandarin at $400.00 per month, effective 28 November 2006, with a termination date of
27 November 2007.  These orders stated the applicant must successfully pass a test every 12 months to maintain eligibility for FLPP.

5.  The applicant requested and he was approved to be assigned to the
6th Battalion, 98th Regiment at Devens, MA upon his release from active duty and transfer to the USAR.

6.  On 6 May 2007, the applicant was released from active duty by reason of completion of required active service.  He was transferred to the USAR and 

subsequently to the 6th Battalion, 98th Regiment, as requested.  He had completed 4 years of active service that was characterized as honorable.

7.  The applicant's U.S. Army Reserve Personnel Command, St. Louis, MO, ARPC Form 249-E (Chronological Statement of Retirement Points Detail) contained on the interactive Personnel Electronic Records Management System (iPERMS) shows his first performance of inactive duty for training (IDT) was on
8 September 2007.

8.  Headquarters and Headquarters, 80th Training Command, Richmond, VA Orders 08-025-00003, dated 25 January 2008, awarded the applicant FLPP for Chinese-Mandarin, List A, Level 2/3, $300 month effective 11 December 2007.

9.  Military Personnel (MILPER) Message Number 06-233, Subject: FLPP Revision, changed the Army policy on FLPP, effective 18 August 2006.  According to this change in policy, all Soldiers were eligible for FLPP based on their language capabilities and if their language(s) was authorized on payment lists "A," "B," or "C."  The Assistant Secretary of the Army for Manpower and Reserve Affairs (ASA M&RA) will identify the critical languages for which the Army will pay FLPP.  Annual certification remained a basic eligibility requirement, to include general officers.

	a.  Orders must be issued to award, change, terminate, or reinstate FLPP.  Orders must be generated from the DA Form 330 to award and terminate payments.

	b.  Orders must include the effective and termination dates, payment list, payment level (amount), language, authority (this message), MOS/specialty and special instruction, if applicable.

	c.  Expiration date for FLPP is 12 months from the evaluation test date on the DA Form 330.  Annual recertification is a requirement for continuation of FLPP.

	d.  Regular Army personnel must be on active duty and entitled to basic pay.

	e.  Reserve Component personnel must be attending regularly scheduled inactive duty training (IDT) assemblies in a pay status as an assigned member of the USAR, serving on active duty (Title 10 and Title 32, U.S. Code), active duty for special work (ADSW), annual training (AT), active duty for training (ADT), temporary tour of active duty (TTAD), full time National Guard (FTNG), or Active Guard Reserve (AGR) duty.

	f.  FLPP payment is determined by proficiency (Table 6-1), Language (Payment List Table 6-3), and Payment Level (Table 6-2).

10.  Based on information contained on the applicant's DA Form 330, his foreign language, Chinese-Mandarin was listed on Payment List A, his proficiency level was 3/3, and his payment level was $400.00 per month.

11.  There is no evidence that shows when the applicant took a retest to establish a new 12-month period.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to FLPP for the period 7 May 2007 to
27 November 2007.

2.  The applicant's FLPP terminated on 6 May 2007, the date he was released from active duty and transferred to the USAR.  At that time he was required to meet the requirements for Reserve Component personnel in order to receive FLPP.

3.  In order to receive Reserve Component FLPP personnel must be attending regularly scheduled IDT assemblies in a pay status as an assigned member of the USAR.  They may also be serving on active duty (Title 10 and Title 32, U.S. Code), ADSW, AT, ADT, TTAD, or AGR duty.

4.  There is no evidence the applicant was serving on active duty (Title 10 and Title 32, U.S. Code), ADSW, AT, ADT, TTAD, or AGR duty.  The information obtained from iPERMS indicates he began attending IDT assemblies on
8 September 2007.  Therefore, he is not entitled to receive FLPP in the USAR prior to this date.

5.  The applicant's 12-month period from the date of his last proficiency test expired on 27 November 2007.  Therefore, lacking any evidence of a retest prior to 11 December 2007, his entitlement to an award of FLPP would have expired on 27 November 2007.

6.  In view of the foregoing, orders should be issued awarding the applicant FLPP effective 8 September 2007 with a termination date of 27 November 2007.  The orders must show Payment List A, Payment Level 3/3, Language: Chinese-Mandarin, amount $400.00.  The orders must also state the Soldier must retest annually.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

___X____  _____X__  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  issuing orders terminating his FLPP, effective 7 May 2007 (the date he was transferred to the USAR); and

	b.  issuing orders awarding him FLPP, effective 8 September 2007 (the first date of his performance of IDT), with a termination date of 27 November 2007.  Authority:  MILPER Message Number 06-233.  Under additional instructions state: Payment List A, Payment Level 3/3, Language: Chinese-Mandarin (CM), amount $400.00.  The orders must also state the Soldier must retest annually.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of FLPP prior to 
8 September 2007.



      ___________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.

ABCMR Record of Proceedings (cont)                                         AR20100009420



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (