IN THE CASE OF:	  

		BOARD DATE:	  5 December 2013

		DOCKET NUMBER:  AR20130014864 


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 Foreign Language Proficiency Pay (FLPP) for the period 1 June 2011 to 28 February 2012.

2.  The applicant states:

* he was deployed to Afghanistan as a Rule of Law Advisor working with Afghan government officials
* because of his professional fluency in the Afghan Persian dialect of Dari, he did not require an interpreter (the interpreters make over six figures)
* he has a letter from his immediate supervisor and a general officer confirming his proficiency and that he used his language abilities on a daily basis
* he should have been paid $300.00 a month as authorized for his skills
* he has provided multiple supporting documents to substantiate his claim from multiple senior officers within the military
* the Inspector General (IG) at the U.S. Army Human Resources Command (HRC)  concurs with his assessment that he should have been paid for his Dari language skills from 1 June 2011 to 28 February 2012  

3.  The applicant provides:

* letter, dated 6 August 2012, from the IG at HRC
* DA Form 4187 (Personnel Action)
* Letters of support
* DA Form 330 (Language Proficiency Questionnaire)
* Officer Record Brief
* Message pertaining to language proficiency
* Request for exception to policy (ETP)

CONSIDERATION OF EVIDENCE:

1.  Having completed 3 years, 7 months, and 8 days of prior active service, the applicant was ordered to active duty in the rank of first lieutenant on 25 October 2009 in area of concentration (AOC) 27A (Judge Advocate General (JAG)).     

2.  He provides a DA Form 330, dated 4 May 2010, which shows he completed an oral proficiency interview for Persian-Afghan (Dari) and he received a proficiency rating of 26.

3.  He was promoted to captain on 17 May 2010.

4.  He arrived in Afghanistan on 15 February 2011.  

5.  He provides a DA Form 4187, dated 24 September 2011, which shows he requested an extension of FLPP from April 2011 to April 2012 due to his deployment in support of Operation Enduring Freedom in Afghanistan.  The commander (a brigadier general) certified he could perform his linguistic duties in a satisfactory manner and was proficient at a level consistent with the FLPP rate for the previous year.

6.  He departed Afghanistan on 5 February 2012.

7.  He provides a letter, dated 15 February 2012, from the Team Chief, Helmand Province in Afghanistan who attests:

* the applicant deployed in support of Operation Enduring Freedom in Afghanistan
* he used his Dari language on a daily basis
* his proficiency level was such that he did not need a Dari linguist
* he was one of the most effective field support officers because of his abilities and language skill 

8.  On 3 August 2012, he requested back pay for FLPP for Persian-Afghan (Dari) for the period 1 June 2011 to 28 February 2012.  In his memorandum he states:



	a.  he requested to take the Defense Language Proficiency Test (DLPT) in Persian-Afghan (Dari) (PG) in March 2010 in anticipation of his deployment to Afghanistan.  The Fort Hood Education Center notified his commander that the only test available at the time was via an oral proficiency interview as the constructive response test was being revamped.  On or about 10 May 2010, he had a phone interview and he received a test score of 26 which translates to a 2+.  Upon receiving his score, he was told that since he was already being paid for Persian-Iranian (Farsi) (PF) that he could not receive pay for Persian-Afghan (Dari) (PG).   However, he was told that the matter was being reviewed and should it change at a later time, he would be eligible for pay based on his score.

	b.  he deployed to Afghanistan in February 2011 as a Rule of Law Field Support officer.  During his deployment, he was responsible for engaging tribal and government leaders on a daily basis.  His proficiency level in Persian-Afghan (Dari) (PG) was such that he did not require a linguist to support his mission.  His ability to work without a linguist/interpreter saved the Army tens of thousands of dollars.

	c.  in May 2010, All Army Activities (ALARACT) message 207/2011 listed both Persian-Iranian (Farsi) (PF) and Persian-Afghan (Dari) (PG) as immediate investment languages and stated for Foreign Language Proficiency Bonus (FLPB) purposes the two Persian dialects were to be considered separate languages. 

	d.  if he were not deployed, he would have taken the recertification in Persian-Afghan (Dari) (PG) in May 2011 and would have received payment of $300.00 per month in accordance with the message.  Since he was forward-deployed to a remote combat outpost with the U.S. Marine Corps, he did not have the capability to retake the test.  However, since he had taken it before he deployed and his commander verified that he was proficient that should have extended his original test results until 120 days until after his redeployment.

	e.  upon his return from Afghanistan, he did recertify in Persian-Afghan (Dari) (PG) and received the same score that he received previously.

	f.  he tried for months to resolve this through Fort Hood's finance office prior to his permanent change of station to Fort Belvoir and was told he would not be paid because his first test was an oral proficiency examination (this was the only test available) and he did not recertify prior to May 2011 (he was forward-deployed to Afghanistan without access to a testing center).       



9.  On 29 August 2012, HRC denied his request for an ETP to receive back pay for Persian-Afghan (Dari) (PG).  The letter states:

	a.  on 22 August 2012, the Defense Language Institute, Monterey, CA verified that the Persian-Afghan (Dari) (PG) DLPT was available for Soldiers to be administered during March 2010 and May 2010.  In accordance with Army Regulation 11-6 (Army Foreign Language Program), the speaking of oral proficiency interview, if taken, will not be used for FLPB determination, except where a DLPT or Defense Language Reading Proficiency Test is not available.

	b.  the applicant's primary AOC of 27A (Judge Advocate), is not a language dependent AOC, nor was he assigned to a language-coded billet designated for Persian-Afghan (Dari) (PG) while deployed.  His utilization of the Persian-Afghan (Dari) (PG) language while performing his duties as the Rule of Law Field Support Officer while in Afghanistan does not warrant approval of an ETP to receive FLPB entitlements.

	c.  he tested on 12 April 2010 for Persian-Iranian (Farsi) (PF); his entitlements were $400.00, for a proficiency level of 3/3.  This test was set to expire on 
11 April 2011.  In accordance with Army Regulation 11-6, service members have 180 days to take their recertification test after redeployment in support of a contingency operation where no testing facilities are available.  His 180-day extension would have ended on 22 July 2012.

	d.  he recertified on 27 June 2012 for Persian-Iranian (Farsi) (PF); his entitlement is $400.00 for a proficiency level of 3/3.  This test is set to expire on 26 June 2013.  He tested on 30 March 2012 for Persian-Afghan (Dari) (PG); his entitlement is $300.00 for a proficiency level of 2+/2+.  This test is set to expire on 29 March 2013.  In accordance with ALARACT message 207/2011, dated 
27 May 2011, effective 1 June 2011 Persian-Afghan (Dari) (PG) and Persian-Iranian (Farsi) (PF) are now considered separate languages for FLPB purposes.

10.  He provides a letter, dated 6 August 2013, from the Detailed IG, HRC, at Fort Knox, KY.  This letter states:

	a.  this is a final response to his IG Action Request concerning language back pay.  HRC only executes policy while the Department of the Army (DA) G1 sets and interprets policy.  DA G1 was consulted several times to ensure that HRC could not allow payment of the back pay for language proficiency.



	b.  the Detailed IG concurs with the applicant's assessment that he should have been paid for his Persian-Afghan (Dari) from 1 June 2011 to 28 February 2012.  Since the Fort Hood Education Center notified his command that the only test available was the oral proficiency interview and the applicant took and passed the test, consideration should have been made to allow the ETP for repayment.  Additionally, acknowledgment by a general officer and his command that the applicant's skills were proficient enough that interpreters were not needed for his staff actions clearly shows he had mastered the language.  Since the applicant met the proficiency requirement and his command vouched for his capability as well as his proficiency saving the use of interpreters and other resources, he does not understand why they could not find in his favor.  He recommended the applicant apply to this Board to appeal the decision that his language pay be granted.           

11.  He was released from active duty on 24 October 2013 for completion of required service and transferred to the U.S. Army Reserve Control Group (Reinforcement).  

12.  In the processing of this case, a staff advisory opinion was obtained from the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff, G-1.  The advisory official recommends the applicant's request to receive Persian-Afghan (Dari) (PG) back pay for the period 1 June 2011 to 28 February 2012 be disapproved.  The opinion states:

   a.  Per Headquarters, DA (HQDA) G2 and the Defense Language Institute (DLI), the DLPT for Dari was only suspended for the period 28 September 2011 to 9 December 2011.  

   b.  the applicant stated he was informed by the Fort Hood Education Center that the test was unavailable and being revamped from the period of March to May 2010.  He has not provided any evidence to support this claim. 

   c.  even if this claim was substantiated, he would have had the opportunity to take the test between June 2010 and January 2011 prior to his deployment in February 2011.

13.  A copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should have been paid FLPP for the period 1 June 2011 to 28 February 2012 for his professional fluency in the Afghan Persian dialect of Dari because he did not require an interpreter.  

2.  Notwithstanding the advisory opinion recommendation, acknowledgment by a general officer and the applicant's command that his skills were proficient enough that interpreters were not needed for his staff actions clearly shows he had mastered the language.  It appears the applicant met the proficiency requirement and his command vouched for his capability as well as his proficiency saving the use of interpreters and other resources.

3.  Based on the foregoing, his utilization of the Persian-Afghan (Dari) (PG) language while performing his duties as the Rule of Law Field Support Officer while in Afghanistan warrants approval of his request to receive FLPP for the period 1 June 2011 to 28 February 2012.

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:

   a.  showing he passed the DLPT in Persian-Afghan (Dari) (PG) prior to his deployment in February 2011; and
   
   
   
   
   
   
   
   b.  paying him FLPP for the period 1 June 2011 to 28 February 2012.	



      _______ _   __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)                                         AR20130014864





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ABCMR Record of Proceedings (cont)                                         AR20130014864



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