BOARD DATE:	  12 May 2015

		DOCKET NUMBER:  AR20140013222 


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 a Foreign Language Proficiency Bonus (FLPB) for the period 21 October 2011 to 20 October 2012.
 
2.  The applicant states:

	a.  He took the language proficiency test in Farsi in 2009 while serving on active duty and he passed the test.  He was told he would be paid, but he was never paid for his language test while serving on active duty.

	b.  After completing his service and being honorably discharged, he submitted an application to the Army Board for Correction of Military Records (ABCMR) and the agency agreed to pay him until the end of his deployment in 2011.  He was told by the ABCMR that he should have taken the proficiency test each year (2011 and 2012) to be eligible for an FLPB for those years. He did not know he was supposed to take the test every year.

	c.  He was under the impression he would be eligible for an FLPB and it would have been the responsibility of the S-1 officer or the language center to inform him of the next steps.

	d.  He could take the language test today and pass it because Farsi is his first language.  Knowing Farsi helped him on many occasions to communicate with the Afghan soldiers while deployed.  There were many times when they did not have an interpreter and he was the one communicating between the Afghan soldiers and his unit commander.

	e.  He was honored to serve this great country in combat and at his home base.  He has never done anything to bring his service or country down.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DA Form 330 (Language Proficiency Questionnaire)

CONSIDERATION OF EVIDENCE:

1.  The applicant was born in Iran and he enlisted in the Regular Army on 21 January 2009 and trained as a health care specialist.  He served in Afghanistan from 10 June 2010 to 23 April 2011.  On 20 January 2013, he was honorably released from active duty.

2.  He provided a DA Form 330, dated 11 March 2013, which shows he was tested on 22 October 2009 for Persian-Iranian (Farsi) language proficiency and he received a rating of 2+/3.

3.  His records contain:

	a.  U.S. Army Human Resources Command Orders 128-01, dated 8 May 2013, awarding him an FLPB using payment list A in the amount of $300.00 per month for a proficiency rating of 2+/3 for the period 22 October 2009 to 21 October 2010; and

	b.  U.S. Army Human Resources Command Orders 024-02, dated 24 January 2014, awarding him an FLPB using payment list A in the amount of $300.00 per month for a proficiency rating of 2+/3 for the period 22 October 2010 to 20 October 2011.

4.  In the processing of this case, a staff advisory opinion was obtained from the Chief, Incentive Pay Branch, U.S. Army Human Resources Command.  The advisory official recommends disapproval of the applicant's request to receive an FLPB for the period 20 September 2011 to 19 September 2012.  The opinion states:

	a.  The applicant originally tested on 22 October 2009, Defense Language Proficiency Tests version 5, for Persian-Iranian (Farsi) and his proficiency level was rated 2+/3.  This test terminated on 21 October 2010.  The applicant was deployed from 10 June 2010 to 23 April 2011 which entitled him to an extension.

	b.  In accordance with Army Regulation 11-6 (Army Foreign Language Program), service members have 180 days to recertify their language proficiency after redeployment.  Upon redeployment, the applicant didn't recertify his language proficiency and therefore was not authorized an FLPB after 20 October 2011.  It is the Soldier's responsibility to recertify his or her language proficiency in accordance with regulatory guidance.

5.  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 responded and stated:

	a.  He was never given clear instructions on what to do after he had passed his original language test.  If he had been given the right instructions, he could have taken this test on any given day and passed it.  Farsi is his first language.

	b.  During his deployment he used his knowledge of Farsi and communicated with Afghan Soldiers when they did not have an interpreter.  Many times in the combat zone his presence was critical to his commanders for his language skills.

	c.  He has earned many medals, including the Presidential Unit Citation.  He has never been in any kind of trouble in his 4-year enlistment.  He has done his part to protect the Constitution of this great country and he is hoping justice could be served in his case.

6.  Paragraph 6-6 (Annual Certification) of Army Regulation 11-6 states annual certification is a requirement for FLPB.

7.  Paragraph 6-7 (FLPB Recipient Report Requirements) of Army Regulation 
11-6 states the unit commander must comply with the reporting requirements if they have Soldiers who are eligible and receiving FLPB entitlements (emphasis added).  Monthly reports must be prepared and forwarded through the appropriate command channels.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was told he would be paid the FLPB, but he was never paid while serving on active duty.  He also contends he was never given clear instructions on what to do after he had passed his original language test.

2.  The evidence shows:

	a.  He was born in Iran and Farsi is his first language.

	b.  He took the language proficiency test in Farsi in 2009 and passed it.

	c.  He served in Afghanistan from 10 June 2010 to 23 April 2011.

	d.  He was released from active duty in January 2013.

	e.  After contacting the ABCMR, he was paid an FLPB in May 2013 using payment list A in the amount of $300.00 per month for a proficiency rating of 2+/3 for the period 22 October 2009 to 21 October 2010 and in January 2014 using the same payment list for the period 22 October 2010 to 20 October 2011.

3.  Notwithstanding the advisory opinion recommendation, it appears the applicant wasn't paid the FLPB while serving on active duty because his command had no ability to track the FLPB if he wasn't receiving FLPB entitlements.  Since there was no way for his command to advise him that annual certification was a requirement for continued receipt of FLPB, it would be equitable to correct his records to show he recertified his language proficiency for Persian-Iranian (Farsi) in a timely manner to receive an FLPB using the appropriate payment list in the appropriate amount for a proficiency rating of 2+/3 for the period 21 October 2011 to 20 October 2012 and paying him the FLPB for this period.

BOARD VOTE:

___x_____  __x______  __x__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  correcting his records to show he recertified his language proficiency for Persian-Iranian (Farsi) in a timely manner; and



	b.  paying him an FLPB using the appropriate payment list in the appropriate amount for a proficiency rating of 2+/3 for the period 21 October 2011 to 19 October 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)                                         AR20140013222



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ABCMR Record of Proceedings (cont)                                         AR20140013222



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