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