BOARD DATE:	  8 January 2015

		DOCKET NUMBER:  AR20140012280 


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 Spanish from 8 May to 7 December 2013.

2.  The applicant states prior to his May 2013 temporary duty (TDY), he went TDY to Mexico on several occasions between January and May 2013.  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. In May 2013, he was deployed to Mexico and utilized his language skills with his work at the U.S. Embassy Office of Defense Cooperation, Mexican Army and the Mexican Navy.  Seventy-five percent of his daily communications were in Spanish.  He did not have an opportunity to take the DLPT prior to his deployment as he was notified of the assignment only a week before he deployed.  He is a native-born Spanish speaker.

3.  The applicant provides copies of:

* a 16 June 2014 Office of the Inspector General memorandum 
* a personal statement
* 3 pages of related emails
* Officer Evaluation Reports (OER) for the periods ending 30 April 2013 and 7 December 2013
* 2 May 2013 TDY orders
* 3 June 2013 TDY travel orders
* a 15 October 2013 request for FLPB
* a 22 November 2013 assignment verification memorandum
* a 23 April 2014 request for FLPB exception to policy
* a 19 May 2014 U.S. Army Human Resources Command (HRC) denial of an exception to policy
* an 8 February 2012 Language Proficiency Questionnaire
* a 16 May 2014 Language Proficiency Questionnaire
* two copies of his Officer Record Brief (ORB) from July 2014 and June 2014

CONSIDERATION OF EVIDENCE:

1.  The applicant, as Regular Army captain, successfully qualified for the Spanish language requirements for award of a proficiency rating, with a 30/30 score, on 8 February 2012.  At the time he was assigned to Headquarters, U.S. Army North Command (NORTHCOM), Fort Sam Houston, TX.

2.  His February 2012 DLPT certification expired on 7 February 2013.

3.  On 2 May 2013, the applicant was deployed to Mexico under TDY Special Mission orders to act as the liaison officer (LNO) with the Mexican military (MEXMIL) in support of NORTHCOM J2 in Mexico City, Mexico.  The 15 October 2013 FLPB request shows the duty as a mandatory language capability position.

4.  The applicant was promoted to major effective 1 November 2013.

5.  On 15 October 2013, his command requested he be authorized FLPB for the period 1 May 2013 through 7 December 2013.

6.  His OER, ending 17 December 2013, shows "Works with the U.S. Embassy Office of Defense Cooperation daily, coordinating US and partner nation travel arrangements, drafting and submitting official correspondence in Spanish, programming and conducting weekly meetings with MEXMIL partners, synchronizing the efforts of the Country Team and USNORTHCOM with MEXMIL priorities."  "Due to his renowned successes, (the applicant) was specifically sought out by US Embassy, NC, and the MEXMIL to fill the critical position as NORTHCOM's Intelligence LNO to Mexico."  (The highlighting on the OER provided was added by the applicant to emphasize the language requirement.)

7.  On 23 April 2014, his command requested an exception to policy noting that his duty from 1 May 2013 through 7 December 2013 required him to be proficient in Spanish for his official duty.

8.  On 19 May 2014, HRC denied the request for an exception to policy stating his DLPT had expired 83 days prior to his 1 May 2013 NORTHCOM assignment.  It was noted that the regulation states that an FLPB is effective for not longer than 12 months from the date of an evaluation.

9.  In May 2014, the applicant again qualified on the DLPT for Spanish with a 30/30 score.

10.  Army Regulation 11-6 (Army Foreign Language Program) implements policies and procedures for establishing Army linguist requirements of Army’s command language programs and for identifying, testing, reporting, evaluating, reevaluating, training, and assigning Army linguists.  It also delineates minimum proficiency standards and establishes program planning and reporting requirements and inspection for the Army Command Language Program.  It states:

   a.  Linguists play an important role in carrying out Army missions.  The Army must recruit, train, and retain qualified linguists to satisfy Army requirements to respond to worldwide roles, missions, and contingencies.

   b.  Proficiency will be tested annually in those languages for which DLPTs are available.  If tests are not available, an oral proficiency interview (OPI) may be given according to chapter 5, section II, of this regulation. 

   c.  Commanders with authorized linguists must ensure that appropriate nonresident language enhancement and refresher/maintenance material is obtained and integrated into unit training schedules.

   d.  Those who have demonstrated foreign language proficiency, regardless of how acquired, are encouraged to maintain that proficiency.  All personnel with languages required by military occupational specialty (MOS) or functional area (FA) must sustain and/or enhance that proficiency to remain qualified in their MOS or FA.

   e.  Annual re-evaluation is mandatory for all Soldiers who have been trained at government expense and graduated (except for Headstart, Gateway, Government provided software, language familiarization training, and independent personal nonresident programs) and/or who occupy language-coded billets.  Individuals with foreign language proficiency who were not trained at Government expense are not required but are encouraged to test annually.
   
   f.  Soldiers who deploy during a remediation period have 1 year upon their return date to achieve the minimum proficiency standard regardless of the LDC of the language.
   
   g.  Commanders/supervisors may recertify annual recertification in lieu of the DLPT or OPI for Soldiers who are deployed for a contingency operation or are assigned OCONUS where testing facilities are not available.
   
        (1) 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 their current proficiency scores.”
   
        (2) There is a 2-year consecutive limit on this exemption not directly tied to contingency operations.
   
        (3) Soldiers must be recertified using the DLPT or OPI as soon as practical or within 180 days of the order’s date releasing them from the duty assignment.
   
   h.  Chapter 6 provides the policy and requirements for receipt of FLPB.
   
   i.  Annual certification is a requirement for FLPB and orders authorizing FLPB are effective for not longer than 12 months from the recertification date.
   
DISCUSSION AND CONCLUSIONS:

1.  A DLPT certification is issued to certify that a person can perform duties requiring a given language.  In order to qualify for an FLPB the Soldier must be recertified annually to show their proficiency.

2.  The applicant's language re-evaluation time had lapsed by 83 days when he was assigned to duties that carried a mandatory language requirement.  If he did not qualify for the position at that time he should not have been assigned to that TDY duty.

3.  The applicant's command clearly felt he was proficient in Spanish as it deployed him to a language-required position.  Due to the short period between the issuance of his TDY orders and the date of his departure, he could not have been scheduled to take the DLPT test.

4.  The applicant's language proficiency during his May – December 2013 TDY is clearly demonstrated by the narrative portion of his OER, the fact that his 2012 certification had lapsed only 83 days prior to his deployment, and that within five months of his return from the deployment he recertified via the DLPT.

5.  His command had the option to recertify that he was proficient in Spanish in lieu of his taking the DLPT and should have done so prior to his assuming the TDY position.

6.  Therefore, it would be appropriate to correct the applicant's records to show his command (USNORTHCOM) recertified the applicant's language proficiency in Spanish on 7 May 2013 and that he was entitled to the appropriate FLPB.

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 showing that USNORTHCOM recertified the applicant's language proficiency in Spanish on 7 May 2013 and that he is entitled to the appropriate FLPB for the period from 8 May 2013 through 7 December 2013.



      _________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)                                         AR20140012280



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ABCMR Record of Proceedings (cont)                                         AR20140012280



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