IN THE CASE OF:
BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20140001944
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 entitlement to the foreign language proficiency bonus (FLPB) for 2012 and 2013.
2. The applicant states that in 2012 he passed the Defense Language Proficiency Test (DLPT) with a score of listening (L) 3/reading (R) 3 and in 2013 he passed the DLPT with a score of L3/R2+.
3. The applicant provides:
* DA Form 330 (Language Proficiency Questionnaire)
* DA Form 4187 (Personnel Action)
* a Memorandum for Record
* a page titled FLPB Award - Checklist
CONSIDERATION OF EVIDENCE:
1. Having had prior active service, the applicant's records show he enlisted in the U.S. Army Reserve (USAR) on 18 November 2010. He was assigned to Company A, (Human Intelligence (HUMINT)), 338th Military Intelligence (MI) Battalion, Shoreham, NY. He held primary military occupational specialty (PMOS) 35M (HUMINT Collector) and secondary MOS 92A (Automated Logistical Specialist).
2. His record contains Orders 11-158-00049, dated 7 June 2011, issued by Headquarters, 99th Regional Support Command, wherein his FLPB effective 18 November 2010 was terminated on 16 June 2011 for the Chinese-Mandarin (CM) language.
3. He provides a DA Form 330, dated 14 March 2012, wherein it shows he passed the DLPT on that date with a score of L3/R3.
4. Orders 13-164-0007, dated 13 June 2013, issued by the MI Readiness Command, Fort Belvoir, VA, ordered him to active duty as a member of his USAR unit in support of Operation Enduring Freedom. These orders show his MOS as 92A. He entered active duty on 6 July 2013.
5. The applicant provides a Memorandum for Record, dated 21 December 2013, from Captain (CPT) BK, Commander, Company A, 338th MI Battalion, wherein CPT BK stated the purpose of the memorandum was to request the back payment of FLPB for the applicant. On 14 March 2012, the applicant scored a L3/R3 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.
6. He was honorably released from active duty on 27 February 2014 to the control of his USAR unit. He served in Afghanistan from 27 August 2013 to 30 January 2014 during this period of service.
7. Item 11 (Primary Specialty) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) that he was issued for this period of service shows his MOS as 92A.
8. On 27 February 2014, an advisory opinion was obtained from the Chief, Incentive Pay Branch, U.S. Army Human Resources Command. The advisory official recommended disapproval of the applicant's request for payment of the FLPB for 2012 and 2013. The advisory official, in part, opined:
a. FLPB is paid to any Soldier who meets the prerequisites in Army Regulation 11-6. The applicant possess a language-dependent PMOS, 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 attached Unit Manning Report (UMR), dated 7 October 2013, reflects the applicant is in a language-coded billet for Persian Farsi (PF), which is not the coded language in which he is seeking FLPB. The applicant recertified for language proficiency for CM on 27 February 2013.
9. In response to the advisory opinion received on 15 April 2014, the applicant stated:
a. On 14 March 2012, he took the DLPT for CM which is his first language and received a score of L3/R3. According to ALARACT 031/2013, the most current one, CM is no longer on the payment list. However, it stated "Soldiers testing before the effective date of this ALARACT will be entitled to FLPB for the languages on ALARACT 207-2011 for 1 year from the test date."
b. ALARACT 207-2011 shows CM is on the payment list B (enduring). Regardless of his MOS, he believes he is entitled to get paid for the entire year of 2012.
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. The applicant was certified for proficiency in the CM language in both 2012 and 2013. The evidence of record confirms he did not qualify for FLPB in 2013 as he was slotted in an MOS that was coded for PF and not CM and by 2013 CM was no longer authorized for FLPB. In addition, although CM may have been authorized for payment of FLPB in 2012, there is no evidence and the applicant has not provided any evidence that shows he was assigned to a duty position that was coded for the CM language throughout 2012.
3. 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___ ____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) AR20140001944
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140001944
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140001943
Military Personnel Records and advisory opinions (if any). The applicant provides: a. 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.
ARMY | BCMR | CY2014 | 20140012280
His command did not authorize him to take the Defense Language Proficiency Test (DLPT) because he was told that his position was not a Spanish language required position even though he was required to know and speak Spanish to perform his duties. Army Regulation 11-6 (Army Foreign Language Program) implements policies and procedures for establishing Army linguist requirements of Armys command language programs and for identifying, testing, reporting, evaluating, reevaluating, training, and...
ARMY | BCMR | CY2013 | 20130013282
The applicant requests, in effect, payment of Foreign Language Proficiency Pay (FLPP). 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. 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...
ARMY | BCMR | CY2014 | 20140001023
On 9 May 2007, Headquarters, U.S. Army Training Center, Fort Jackson, SC, published Orders 129-111 deploying him to Iraq with a proceed date of 9 June 2007, a report date of 24 June 2007, and assignment to the MNF-I. At the time he tested in the foreign language, Army Regulation 611-6 (Army Language Program), dated 16 February 1996, and Military Personnel Message (MILPER) Number 04-185 (Foreign Language Proficiency Pay (FLPP)), dated 24 June 2004, were the regulatory guidance which...
ARMY | BCMR | CY2013 | 20130014864
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...
AF | BCMR | CY2013 | BC-2013-00041
The complete DPSIM evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 25 Oct 2013, the applicant provided a copy of DA Form 330, Language Proficiency Questionnaire. To quality for the UR tests for the Korean language, the applicant first needed to complete the LR tests for the same language with a passing score; which he completed on 9 Jun 2011. At the time the test was administered, a score of 2...
ARMY | BCMR | CY2014 | 20140001945
In accordance with Army Regulation 11-6, Soldiers must be proficient in the control language/primary language (CLANG/PLANG) of their MOS language position to be eligible for a FLPB in subsequent languages. When a language is also identified by the Army as dominant in the force, the Army will only pay FLPB to Soldiers in a language-dependent MOS/specialty or language-coded billet. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2013 | 20130021047
He has a DA Form 330 (Language Proficiency Questionnaire) for test results in the Russian language from the period in question indicating that he scored at a level necessary to receive FLPB. He did not receive payment orders at that time authorizing FLPB. He further recommended the Board correct the applicant's record to show the proper orders were issued to authorize the applicant FLPB for the period in question.
ARMY | BCMR | CY2013 | 20130001654
The applicant states, in effect, he has a $7,840.00 debt balance for Foreign Language Proficiency Pay (FLPP) entitlements. 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.
ARMY | BCMR | CY2014 | 20140015685
The applicant provided a DA Form 330 which shows he was tested on 10 April 2013 for Pashto-Afghan language proficiency and he received a rating of 3/3. The evidence shows: * the applicant took the language proficiency test in Pashto-Afghan in 2013 and passed it * he was ordered to active duty for training from 26 August 2013 to 16 January 2014 * upon completion of AIT, he was awarded primary MOS 09L on 16 January 2014 * he was awarded an FLPB for the period 16 January 2014 to 9 April...