IN THE CASE OF:	  

		BOARD DATE:	  10 April 2014

		DOCKET NUMBER:  AR20130013282 


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).

2.  The applicant states his unit never updated his language test scores through the battalion and therefore his pay was never adjusted to reflect a higher rate based on the new scores.  He originally scored 2/3 on the Defense Language Proficiency Test (DLP) for the Chinese language which entitled him to monthly FLPP.  His test score for the FLPP expired during his deployment.  However, his pay was extended through the language liaison.  After redeployment, he took the test and scored 3/3 on the DLPT and should have received a higher monthly rate. 

3.  The applicant provides:

* Letter from the Defense Finance and Accounting Service (DFAS)
* DFAS-IN Form 0-641 (Statement of Military Pay Account)
* DA Form 330 (Language Proficiency Questionnaire)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army in the rank/grade of specialist (SPC)/E-4 for 5 years on 27 August 2007 for training in military occupational specialty (MOS) 35P (Cryptologic Linguist).  

2.  He acknowledged that his civilian acquired skill as a Chinese Mandarin, MOS 35W1L00CM, would be recognized upon completion of advanced individual training and that he would not attend the Defense Language Institute. 

3.  He completed basic combat training as well as the 13-week Electronic Warfare/Signal Intelligence Interceptor (Chinese) and he was awarded MOS 35P.  He was assigned to Headquarters and Headquarters Company, 2nd Striker Brigade, 25th Infantry Division, Schofield Barracks, HI. 

4.  He served in Iraq from 30 May 2008 to 20 February 2009 and from 28 June 2010 to 29 September 2010.  He was assigned to D Troop, 2nd Squadron, 14th Cavalry Regiment.  

5.  He submitted a DA Form 330 that shows he was administered the DLPT-5 in Chinese (Mandarin) on 28 October 2009 and he scored a 3/3 proficiency rating in the Listening and Reading portions of the evaluation. 

6.  He accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice that led to his reduction to E-3 on 21 December 2009.

7.  On 11 May 2010, Headquarters, U.S. Army Garrison, Schofield Barracks, HI published Orders C2-131-319 ordering him deployed in support of Operation Iraqi Freedom beginning on or about 28 June 2010.  The orders listed his rank as sergeant/E-5. 

8.  On 12 October 2010, Headquarters, U.S. Army Garrison, Schofield Barracks, HI published Orders 295-007 ordering him discharged from active duty effective 15 October 2010.  The orders listed his rank as PFC/E-3. 

9.  He was discharged on 15 October 2010 in accordance with chapter 10 of Army Regulation 635-200 (Personnel Separations) with a general discharge. 

10.  It appears that after his discharge he communicated with DFAS regarding a debt.  DFAS responded with a letter on 28 March 2012 advising him that he had a principal debt in the amount of $2,790.19 and that this debt is valid.  With the letter, DFAS attached a DFAS-IN Form 0-64 that shows: 

* $60 FLPP collection from 23 September 2010 to 1 October 2010 at the rate of $200 per month  
* $5,245.67 collection of FLPP from 22 September 2008 to 1 October 2009


11.  An advisory opinion was obtained on 6 November 2013 from the Office of the Deputy Chief of Staff, G-1 in the processing of this case.  A G-1 official recommended approval of the applicant's request.  He stated that after a review of the applicant's records, the applicant is authorized FLPP at the higher rate of 3/3.  The applicant provided sufficient evidence demonstrating his proficiency in Mandarin Chinese and he was being paid at the lower rate of 2/2.  His records should be corrected by issuing him the proper order for payment of FLPP at the 3/3 level.  Additionally, the Board should direct DFAS to adjust the applicant's out of service debt to reflect the increase of the FLPP amount from 28 October 2009 to 15 October 2010. 

12.  The applicant was provided with this advisory opinion but he did not respond. 

13.  Army Regulation 11-6 (Army Foreign Language Program) describes the Army Foreign Language Program.  It establishes policies and procedures for the management of Army linguists, language capable Soldiers, and command language programs.  

	a.  Paragraph 5-12 (Language Proficiency Questionnaire):  A DA Form 330 is the only document for reporting foreign language proficiency, award of Special Qualification identifier (SQI) "L," and eligibility for foreign language proficiency pay (FLPP).

	b.  Paragraph 6-3 (Criteria for Individual Soldier Eligibility):  Active Army Soldiers must be on active duty and entitled to basic pay.  For enlisted Soldiers, eligibility begins when an enlisted Soldier completes advanced individual training, has been awarded an MOS, and has signed in to the first permanent duty station. The effective date of the Foreign Language Proficiency Bonus (FLPB) payment will be the date of the DLPT.  

	c.  Paragraph 6-4 (Amount of Payment): The FLPB payment level (see table 6–2) is determined by proficiency ratings (see table 6–2) and language payment list (see table 6–3).  Soldiers in a language-dependent MOS/specialty or career management field (CMF) (for FLPB purposes only) will be paid at the payment list "A" rate for their control language/primary language.  Soldiers must be proficient in the control/primary language to be eligible for FLPB in subsequent languages.

	d.  Table 6-2 (Payment Levels) lists payment rates and Table 6-3 lists authorized languages.  The Chinese language, including only Mandarin, Cantonese, Gan and Wu, is authorized the pay.

DLPT Score
Payment List A
Payment List B
Payment List C
2/2
$200
$150
$125
2+/2+
$300
$200
$175
3/3
$400
$300
$275
	e.  Paragraph 6-6 (Annual certification):  Annual certification is a requirement for FLPB.  Soldiers who are due annual recertification, but are deployed for a contingency operation or assigned outside continental United States where testing facilities are not available, can have their commander/supervisor recertify their current proficiency in lieu of the DLPT.  The recertification must be documented on a DA Form 4187 with the following annotation:  "The commander/supervisor certifies that the recipient can perform his/her linguistic duties in a satisfactory manner and is proficient at a level consistent with the FLPB rate for the previous year."  The DA Form 4187 is forwarded to the appropriate record custodian for issuance of orders to authorize FLPB.  There is a two-year consecutive limit on this exemption not directly tied to contingency operations.  Soldiers must be recertified using the DLPT as soon as practicable within 180 days of the order’s date releasing them from the duty assignment.  Orders authorizing FLPB are effective for not longer than 12 months from the recertification date.

DISCUSSION AND CONCLUSIONS:

1.  Most of the applicant's records pertaining to his foreign language pay are not available for review with this case.  The available evidence shows he held MOS 35P.  He appears to have been administered a DLPT test during MOS training or shortly upon arrival at his first permanent duty station. 

2.  He deployed to Iraq from 28 June 2010 to 29 September 2010.  The DLPT-5 test he took on 28 October 2009 would have been terminated a month after redeployment.  Previously, the policy did not allow for an automatic 180-day extension and a Soldier's unit would have needed to request an exception to policy for a 60-day extension.  No such exception to policy is found in the available records.  

3.  Nevertheless, he remains entitled to FLPB from 28 October 2009 (the date he took his DLPT-5) to 27 October 2010 (annual) (in his case, to 15 October 2010 since he was discharged on 15 October 2010) at the rate of $400.00 per month (Payment List "A").  

4.  He is also entitled to an audit of his out-of-service debt to reflect the increase of the FLPB amount from 28 October 2009 to 15 October 2010. 

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:

* Issuing proficiency pay orders (Format 330) showing he was:

* Awarded Foreign Language Proficiency Bonus
* Authority is Army Regulation 11-6
* Effective date: 29 October 2009
* Termination date: 15 October 2010
* PMOS: 35P
* Additional Instructions: Payment List A ($400.00/month)

* Auditing his DFAS out-of-service debt to reflect the increase of the FLPB amount from 28 October 2009 to 15 October 2010




      _______ _   __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)                                         AR20130013282





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ABCMR Record of Proceedings (cont)                                         AR20130013282



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