BOARD DATE:	  15 October 2013

		DOCKET NUMBER:  AR20130001654 


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 remission or cancellation of his indebtedness with the Defense Finance and Accounting Service (DFAS).

2.  The applicant states, in effect, he has a $7,840.00 debt balance for Foreign Language Proficiency Pay (FLPP) entitlements.  He took the required annual FLPP tests in a timely manner and passed them.  He immediately submitted the documents to his unit personnel administrator, as required, for action.  The audit occurred after he departed from his last unit of assignment.  His former unit stated that they could not recreate the orders requested by DFAS because he was retired.  In July 2012, they quit assisting him.  He is stuck with the debt and no one to help.

3.  The applicant provides:

* Defense Language Proficiency Test (DLPT) Score Results
* DA Form 330 (Language Proficiency Questionnaire)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* his letter to DFAS, dated 15 June 2011
* response from DFAS, dated 20 July 2011
* letter from DFAS, dated 11 May 2012
* Correspondence between himself and the U.S. Army Human Resources Command (HRC), St. Louis, MO between 15 March-31 August 2012

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 14 January 1987.  He completed training and he was awarded military occupational specialty (MOS) 36B (Financial Management).

2.  The applicant provides copies of the following:

	a.  DLPT Score Results, dated 10 June 2009, that shows he was administered the test on the same date and obtained ratings of "3" for the listening and reading portions of the test.

	b.  DA Form 330, dated 26 July 2010, that shows he was administered the DLPT IV on 23 and 26 July 2010.

3.  On 23 April 2010, he submitted a request for voluntary retirement to be effective 31 January 2011.  His request was approved on 1 June 2010.

4.  On 31 January 2011, he was retired by reason of sufficient service for retirement in the rank/grade of master sergeant (MSG)/E-8.  He was placed on the Retired List on 1 February 2011.  He completed 24 years and 17 days of creditable active service.

5.  On 15 June 2011, he acknowledged he had a debt after his retirement due to an overpayment of a FLPP allowance.  He requested payment of his final pay.

6.  On 20 July 2011, an official with DFAS, Debt and Claims Management, advised the applicant that his debt in the amount of $5,064.73 remained valid.  His debt was due to the collection of FLPP collected between 13 June 2009 and 30 January 2011.  That debt was forwarded to them by his former unit and only that unit could change or cancel that debt.  The applicant was provided a DFAS-INC Form 0-641 (Statement of Military Pay Account) to review for any discrepancies.

7.  On 11 May 2012, an official with DFAS, Debt and Claims Management, advised the applicant that the documents he submitted to that office were insufficient to cancel or reduce his debt.  He was also advised he could apply to this Board.

8.  The applicant also provides correspondence between him and officials at HRC pertaining to his FLPP entitlements and indebtedness.

9.  Army Regulation 11-6 (Army Foreign Language Program) set the policies for the management of Army linguists.  The regulation states in chapter 6-2 (FLP Bonus Program (FLPBP)) that languages or specialties recommended for FLPB must satisfy the conditions prescribed by this chapter.  A Soldier is eligible to receive FLPB if all of the following conditions are met:

	a.  Active Army Soldiers must be on active duty and entitled to basic pay.

	b.  Eligibility begins when an enlisted Soldier completes advanced individual training, has been awarded an MOS, and has signed in to their first permanent duty station.

	c.  For Soldiers who do not meet the conditions listed above, a fully supported justification for a waiver must be sent to the HRC for consideration and approval.

	d.  Certified proficient within the past 12 months in a foreign language for which the Army has a critical need as determined by the Assistant Secretary of the Army (Manpower and Reserve Affairs).

	e.  Annual certification is required for FPLB.

	f.  The FLPB is terminated when a Soldiers no longer meets all of the requirements for continued entitlement.

10.  Title 37, U.S. Code, section 373(a) states a member of the uniformed services who is paid a bonus, incentive pay, or similar benefit, the receipt of which is contingent upon the member's satisfaction of certain service or eligibility requirements, shall repay to the United States any unearned portion of the bonus, incentive pay, or similar benefit if the member fails to satisfy any such service or eligibility requirement, and the member may not receive any unpaid amounts of the bonus, incentive pay, or similar benefit after the member fails to satisfy such service or eligibility requirement.

11.  Title 37, U.S. Code, section 373(b) states that pursuant to the regulations prescribed to administer this section, the Secretary concerned may grant an exception to the repayment requirement and requirement to terminate the payment of unpaid amounts of a bonus, incentive pay, or similar benefit if the Secretary concerned determines that the imposition of the repayment and termination requirements with regard to a member of the uniformed services would be contrary to a personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was entitled to a FLPP during his period of active duty.  He contends and provided documentation showing he was eligible for the FLPP on 10 June 2009 and 26 July 2010.  DFAS advised that between 13 June 2009 to 30 January 2011 he received FLPP for which he was not entitled and a debt was established.  DFAS did not divulge the reason(s) of his ineligibility for the FLPP.  Notwithstanding, the evidence provided, he did not provide sufficient evidence showing he met all requirements during this period.

2.  He requested voluntary retirement and he was voluntarily retired on 31 January2011.  In 2011 and 2012, DFAS advised him the debt was valid and the documents he submitted were insufficient to cancel or reduce his debt.

3.  His request for relief from the debt was carefully considered and found to be without merit.  With respect to his claim, there is no evidence of record and he did not provide any substantiating evidence that shows the debt is in error or should be remitted or canceled.  There is no evidence of record and he did not provide sufficient evidence to show he met all eligibility criteria for the FLPP during the period in question for cancellation or relief of the debt.

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X__  _____X___  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case 

are insufficient as a basis for correction of the records of the individual concerned.



      __________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)                                         AR20130001654



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ABCMR Record of Proceedings (cont)                                         AR20130001654



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