BOARD DATE: 7 May 2015
DOCKET NUMBER: AR20140015685
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 he was assigned to advanced individual training (AIT).
2. The applicant states:
* he requests back pay for his language proficiency certification
* his DA Form 330 (Language Proficiency Questionnaire) was never submitted from the school house for pay during AIT
3. The applicant provides:
* DA Form 4187 (Personnel Action)
* DA Form 330
* DA Form 2A (Personnel Qualification Record)
* military occupational specialty (MOS) orders
* memorandum, dated 1 July 2014
* Unit Manning Report
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
CONSIDERATION OF EVIDENCE:
1. 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.
2. He enlisted in the U.S. Army Reserve (USAR) on 18 April 2013 for 8 years. He was ordered to active duty for training effective 26 August 2013. On 16 January 2014, he was released from active duty for training.
3. U.S. Army Intelligence Center of Excellence Orders 008-00024, dated 8 January 2014, show he was awarded primary MOS 09L (translator aide) effective 16 January 2014.
4. He provided a memorandum from his commanding officer, dated 1 July 2014, which states:
a. The original request for FLPB orders was never submitted due to the applicant's graduation from basic training and AIT.
b. Upon an audit of the applicant's records, there are no FLPB orders covering the period 10 April 2013 to 9 April 2014.
5. He provided a DA Form 4187, dated 27 August 2014, requesting award of an FLPB for the period 16 January 2014 to 9 April 2014.
6. In the processing of this case, a staff advisory opinion was obtained from the Chief, Incentive Pay Branch, U.S. Army Human Resources Command, dated 7 October 2014. The advisory official recommends approval of the applicant's request to receive foreign language back pay for the period 16 January 2014 to 9 April 2014. The opinion states:
a. The applicant has a language-dependent MOS, 09L, with a control language (CLANG) of Pashto-Afghan (PV). He originally tested for PV on 10 April 2013 using an oral proficiency interview (OPI) and his proficiency level was rated as 3. This test expired on 9 April 2014.
b. In accordance with Army Regulation 11-6 (Army Foreign Language Program), paragraph 6-3, eligibility for Reserve Soldiers to receive FLPB begins upon award of their primary MOS. The applicant was awarded his primary MOS on 16 January 2014.
c. The Defense Language Proficiency Test database reflects the applicant has not taken an OPI test for his CLARNG VP since 10 April 2013 and therefore he is not authorized any further FLPB for his CLANG. He must recertify his CLANG to receive FLPB for his CLANG and any subsequent languages.
7. 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 within the given time frame.
8. U.S. Army Human Resources Command Orders 280-01, dated 7 October 2014, show he was awarded an FLPB using payment list A in the amount of $400.00 per month for a proficiency rating of 3 for the period 16 January 2014 to 9 April 2014.
9. Paragraph 6-3 of Army Regulation 11-6 states enlisted USAR Soldiers must hold an MOS to be eligible to receive an FLPB.
DISCUSSION AND CONCLUSIONS:
1. 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 2014
2. He requests payment of an FLPB for the period he was attending AIT.
3. Since the governing regulation states enlisted USAR Soldiers must hold an MOS to be eligible to receive an FLPB, and the applicant was awarded his MOS upon completion of AIT, there is no 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 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) AR20140015685
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