IN THE CASE OF:
BOARD DATE: 4 September 2014
DOCKET NUMBER: AR20140001943
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 a foreign language proficiency bonus (FLPB) for calendar year 2012.
2. The applicant states, in effect, that in 2012 he passed the Defense Language Proficiency Test (DLPT), in which he demonstrated his proficiency in the Chinese Mandarin (CM) language by achieving a listening (L) score of 3 and a reading (R) score of 2+.
3. The applicant provides:
* an FLPB award checklist
* DA Form 4187 (Personnel Action), dated 12 December 2013
* DA Form 330 (Language Proficiency Questionnaire), dated 25 May 2012
* DA Form 2A (Personnel Qualification Record Enlisted), dated 16 October 2013
* an extract of his Unit Manning Report (UMR), dated 7 December 2013
* a Memorandum for Record (MFR), signed by his company commander on 21 December 2013
* Orders 10-084-00008, issued by Headquarters, MI Readiness Command (MIRC), Fort Belvoir, VA on 25 March 2010
* Orders 11-271-00005, issued by Headquarters, 99th Regional Support Command (RSC), Fort Dix, NJ on 28 September 2011
* Orders 11-285-00003, issued by Headquarters, 99th RSC on 12 October 2011
* Orders 13-154-00008, issued by Headquarters, MIRC on 3 June 2013
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve (USAR) on 21 March 2008. He was assigned to Company A, (Human Intelligence (HUMINT)), 338th Military Intelligence (MI) Battalion, in Shoreham, NY. He held military occupational specialty (MOS) 35M (HUMINT Collector).
2. Orders 10-084-00008, issued by Headquarters, MIRC on 25 March 2010, show his FLPB for the CM language, which became effective on 3 March 2010, was terminated on 2 March 2011.
3. Orders 11-271-0005, issued by HQ, 99th RSC on 28 September 2011, show his FLPB for the CM language, which became effective on 18 May 2011, was terminated on 17 May 2012. These orders show he was authorized FLPB for the CM language at the rate of $300 per month.
4. Orders 11-285-00003, issued by Headquarters, 99th RSC on 12 October 2011, amended the amount of FLPB he was authorized to receive from $300 per month to $200 per month.
5. On 6 July 2013, he entered active duty in support of Operation Enduring Freedom. His record shows he served in Afghanistan from 6 July 2013 to 8 June 2014.
6. On 8 June 2014, he was honorably released from active duty and returned to the control of his USAR unit of assignment.
7. The applicant provides:
a. A DA Form 330, dated 25 May 2012, which shows he passed the DLPT on 23 May 2012, for CM language, with a score of L3/R2+.
b. A UMR, dated 7 December 2013, which shows he was slotted in a language-coded billet for Modern Standard Arabic (AD).
c. An MFR from his company commander, dated 21 December 2013, who provides that the purpose of the memorandum was to request the back payment of FLPB for the applicant. On 23 May 2012, the applicant scored a L3/R2+ on the DLPT in the CM language. His FLPB packet was not processed by his higher command due to a misunderstanding of Army Regulation 11-6 (Army Foreign Language Program) and All Army Activities (ALARACT) message 112/2012. He met all the requirements in a timely manner and his late packet was due to no fault of his own.
8. On 27 February 2014, an advisory opinion was obtained from the Chief, Incentive Pay Branch, at the U.S. Army Human Resources Command (HRC). The advisory official recommended disapproval of the applicant's request for payment of the FLPB for 2012, noting in part:
a. FLPB is paid to any Soldier who meets the prerequisites in Army Regulation 11-6. The applicant possesses a language-dependent MOS, 35M. In accordance with Army Regulation 11-6, Reserve Soldiers who possess a language-dependent MOS will receive FLBP at the payment list "A" rate for their primary language (PLANG), which is used to describe the language coded billet in which a USAR Soldier is assigned.
b. The UMR, dated 7 December 2013, shows the applicant was in a language-coded billet for AD, which is not the coded language in which he is seeking FLPB. The applicant recertified for language proficiency for CM on 19 June 2013. He has not provided a UMR for 2012 that shows he was in a language coded billet for CM.
8. On 27 February 2014, the applicant was provided a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal; however, no response was received.
DISCUSSION AND CONCLUSIONS:
1. As stated by the advisory official, in accordance with regulatory guidance, in order to qualify for the FLPB USAR Soldiers must be assigned in a language-dependent MOS and assigned to a duty position that is coded for the language they are proficient in.
2. Although the applicant holds language-dependent MOS 35, and he provided evidence that he recertified for language proficiency for CM on 23 May 2012, there is no evidence that shows he was assigned to a duty position coded for the CM language during the period for which he requested the FLPB. He did provide a UMR that shows he was not qualified for FLPB in 2013, since he was slotted in a position coded for AD at that time.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___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) AR20140001943
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