DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 4152-07
18 Aug 08
Dear pK,
This is in reference to your application for correction of your naval
record pursuant to the provisions of 10 USC 1552.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 18 August
2008. Your allegations of error and injustice were reviewed in
accordance with administrative regulations and procedures applicable
to the proceedings of this Board. Documentary material considered by
the Board consisted of your application, together with all material
submitted in support thereof, your naval record and applicable
statutes, regulations and policies. In addition, the Board considered
the advisory opinion furnished by CMC memo 1000 IOP:rah of 12 Aug 08,
a copy of which is attached.
After careful and conscientious consideration of the entire record,
the Board found that the evidence submitted was insufficient to
establish the existence of probable material error or injustice. In
this connection, the Board substantially concurred with the comments
contained in the advisory opinion concerning Foreign Language
Proficiency Pay (FLPP). Accordingly, your request for FLPP has been
denied. The Board also denied your request for the $700.00 allowance
for civilian clothes, noting that your orders indicate the working
uniform was utilities and that you provided no substantiation to
Support your claim. The names and votes of the members of the panel
will be furnished upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the Board
reconsider its decision upon submission of new and material evidence
or other matter not previously considered by the Board. In this
regard, it is also important to keep in mind that a presumption of
regularity attaches to all official records. Consequently, when
applying for a correction of an official naval record, the burden is
on the applicant to demonstrate the existence of probable material
error or injustice.
Sincerely,
\ Quer Peape
W. DEAN PF
Executive xr or
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
2 NAVY ANNEX
WASHINGTON, DC 20380-1775
REPLY REFER TO:
1000
IOP:rah
12 Aug 08
From: Director of Intelligence, Headquarters, U. S. Marine Coprs
To: Deputy Commandant for Manpower and Reserve Affairs (Attn: MMER)
ey
Subj: ADVISORY ON BCNR APPLICATION IN THE CASE OF
Ref: (a) DoD Instruction 7280.3 .
(b) MCO 7220.52C
(c) MCO 7220.52D
Encl: (1) Career History
(2) AC/S GI MARFORSOUTH E-Mail of 7 Aug 08
1. In accordance with the references, RIE w as not entitled to FLPP during the period of 6
December 1999 to 5 January 2001.
2. Though he met the MOS (AMOS 8241) requirements AQUI did not meet the testing
requirements identified in the references, which state that Marines are required to have a test on record to
be eligible for FLPP. As evident in enclosure ( |) Gs assigned to Tien for
13 months prior to the start date of his assignments in ihidldieatdiaiaie. and no extenuating circumstances
were cited that would have prevented him from testing during that time.
3. Manpower Plans and Policy — Testing (MPP-50) has verified that prior to October 2006, all testing was
paper based and worldwide deliverable via FedEx. Also, an Oral Proficiency Interview test would have
been available at any location with a land line telephone. These testing options would have been available
in ieee The references and enclosure (2) support these positions.
4. Since $AAMAMMMIB did not have a prior test on record, there is no way to determine his language
capability during the time he was in@maiiiemae The test he took upon his return showed his skill
level after two years of immersion in the language, which may not be an accurate reflection of his skill
level prior to and during his assignment.
5. While it is Intelligence Department’ s position that RERRMBP d0¢s not rate any pay related to this
claim, if it is determined that he is entitled to compensation the monthly FLPP entitlement for a 3/2+ score
was $50 from 6 Dec 99 to 17 Aug 00 and $175 from 18 Aug 00 to 5 January 01, not $200.00 per month as
requested.
6. Questions concerning this recommendation may be addressed to Capt Carrie Kauffman, DSN: 224-
3938 or commercial (703) 614-3938.
QO. <7
WARK ~
J. A. BRUDER IV
By direction
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