MEMORANDUM OF CONSIDERATION   

	IN THE CASE OF:      

	BOARD DATE:            28 JANUARY 2003                   
	DOCKET NUMBER:   AR2002077428

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Tracey L. Pinson		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, the applicant is requesting cancellation of a debt to the United States in the amount of $960.00.     

APPLICANT STATES:  She requested Foreign Language Proficiency Pay (FLPP) in May 2001.  Fort McCoy did not notify her unit of any mistakes in her request.  Her FLPP continued; however, a full year later Fort McCoy informed her unit that a mistake had been made.  She did not know of any missing or incorrect paperwork, and does not think anything was done wrong.  Her indebtedness places a severe hardship on her.   

The Defense Language Proficiency Test (DLPT) is taken annually or the FLPP automatically stops after one year.  Because her pay continued, she had no reason to suspect anything was wrong.  Her unit had problems with the Fort McCoy actions/personnel clerk.  She requests that the debt be cancelled because of no fault of personnel in her unit or of herself.

She initially took the DLPT test in May 2000, passed it, and received FLPP.  She took the DLPT in May 2001, an annual requirement, and was told that she had passed the test.  She submitted the paperwork to Fort McCoy for processing and continued to receive FLPP.  In March 2002 she was informed that orders were required continuing her FLPP.  She did not have those orders and later in that month she was informed that her FLPP for the past year would be taken back.  She was informed that she had not passed the DLPT.  She was never told that she had not passed the test; in fact, the testing personnel had told her that she had passed it.  She believes that a mistake was made in transposing her scores from one form to another.  She has recently taken the test again and passed it.  It’s not right that she is now being informed of a mistake that should have been discovered a year ago.  She is currently undergoing some personal and legal problems, and for finance to take back the pay would cause her a hardship.

With her application, she submits a memorandum from her commanding officer to the Defense Finance Military Pay Office at Fort McCoy supporting her request for cancellation of her indebtedness.   

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted in the Army for four years on 15 March 1995 and has remained on continuous active duty, attaining the rank of sergeant.  She has completed the Basic NCO Course, exceeding course standards.  Her five NCO evaluation reports on file show that she is an outstanding soldier.  She has been awarded the Joint Service Commendation Medal, the Air Assault Badge, two awards of the Army Good Conduct Medal, and three awards of the Army Achievement Medal.

On 30 April 2002 the applicant applied for remission or cancellation of indebtedness (DA Form 3508-R), listing the amount of her indebtedness as $960.00.  On that form she listed her combined monthly income as $2,885.84 and her combined monthly expenses as $1,973.00 for a balance of $912.84.  On that form she also remarked on personal and financial problems as a result of her impending divorce.

In the processing of this case an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM).  That command indicated that although her command and the finance officer recommended that her request be approved because the result of her test was untimely, it had disapproved remission of her indebtedness because there was no hardship that would prevent her from paying the debt.

The applicant was furnished a copy of the advisory opinion on 30 September 2002 for her information and possible rebuttal.  She failed to respond.

Army Regulation 611-6 provides policy for the administration of FLPP, states that FLPP is a monthly monetary incentive paid to personnel who qualify for and maintain the required proficiency in a designated foreign language, and that soldiers should be certified proficient within the past 12 months.  Orders will reflect that FLPP is effective for not longer than 12 moths from the test evaluation date on DA Form 330.  Entitlement to FLPP is terminated when a soldier is no longer certified proficient within the last 12 months.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  The applicant’s contention that a mistake was made in transposing her scores from one form to another, causing her to fail the DLPT is not supported by any evidence.  

2.  There apparently was an inordinate delay in notifying the applicant that she had not passed the May 2001 DLPT, as she has stated and as attested to by her commanding officer.  This delay caused her to receive pay that she was not entitled to.  Nonetheless, she had the benefit of this money, and notwithstanding her contentions, it appears to this Board that she has the means to repay this money.  The DA Form 3508-R she submits with her request indicates that she has the capability to do so.  Consequently, in this respect, the Board agrees with the PERSCOM advisory opinion.  

3.  The applicant has submitted neither probative evidence nor a convincing argument in support of her request.   

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__KAK __  __MHM  _  __TLP __  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002077428	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030128	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.00	
2.		
3.		
4.		
5.		
6.