IN THE CASE OF: BOARD DATE: 17 November 2015 DOCKET NUMBER: AR20140020457 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 Foreign Language Proficiency Bonus (FLPB) for the period 16 January to 18 November 2009. 2. The applicant states he was entitled to 12 months of FLPB while he was stationed at Fort Polk, LA. This error was investigated by the Army South Inspector General (IG) located at Fort Sam Houston, Texas and it was adjudicated in his favor. For relief, he was informed to apply to this Board. 3. The applicant provides: * DA Form 1059 (Service School Academic Evaluation Report), dated 26 November 2008 * DA Form 1059, dated 18 April 2008 * DA Form 330, dated 20 November 2008 * DA form 4037 (Officer Record Brief), dated 4 November 2013 * Orders 268-15, dated 24 September 2008 * two DA Forms 2142 (Pay Inquiry), undated * A copy of ALARACT 031/2013 MESSAGE DTG: R 142330Z FEB 13 CONSIDERATION OF EVIDENCE: 1. The applicant is currently serving in the Regular Army in the rank/pay grade of Chief Warrant Officer Three/CW3. 2. With prior enlisted service, the applicant accepted an appointment as an Army Reserve Warrant Officer in the pay grade of WO1 on 1 June 2007. 3. The applicant achieved Military Intelligence Warrant Officer Basic Course (WOBC) Phase I standards and graduated from the U.S. Army Intelligence Center and School at Fort Huachuca, AZ on 31 August 2007. 4. The applicant graduated from the Defense Language Institute, Presidio of Monterey, CA on 26 November 2008. He successfully completed the Italian Basic Course (21501JT50408) and he exceeded the course standards. 5. The applicant's Officer Record Brief shows he arrived at Fort Polk, LA on 16 January 2009 and he performed the duties of the brigade human intelligence officer. 6. During the processing of this case an advisory opinion was obtained from the Office of the Deputy Chief of Staff G-1, Chief, Compensation and Entitlements Division. He states: a. The applicant was authorized to receive FLPB for his control language (CLANG) Italian (JT) effective 16 January 2009, with a termination date of 18 November 2009. The applicant tested for JT on 18 November and 19 November 2008 and received a 3/2+ proficiency score. This test was valid until 18 November 2009. His proficiency score entitled him to $300.00 per month FLPB for a total amount of $3,300.00. b. Once the applicant completed WOBC and signed into his first permanent duty station, and assuming JT was his CLANG, he was authorized to receive FLPB at the payment list "A" rate. c. In accordance with Army Regulation 11-6 (Army Foreign Language Program), paragraph 6-3, for officers, eligibility begins when an officer completes officer/WOBC or is branch qualified and has signed into their first permanent duty station. The applicant did not sign in to his first permanent duty station until on or about 16 January 2009. His records reveal he does possess a language dependent area of concentration/military occupational specialty (AOC/MOS) 351M, which is considered to be a language dependent MOS for FLPB purposes. 7. The applicant was provided a copy of the advisory opinion for his information and/or possible rebuttal. He did not respond. 8. Army Regulation 11-6 implements policies and procedures for establishing Army linguist requirements for the Army’s command language programs and for identifying, testing, reporting, evaluating, reevaluating, training and assigning Army linguists. Paragraph 6-3 provides criteria for individual Soldier eligibility for FLPB. It states that for officers, eligibility begins when an officer completes officer/WOBC or is branch qualified and has signed in to their first permanent duty station. DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions have been noted. His supporting evidence has been considered. The available evidence shows he was eligible to receive FLPB for CLANG JT effective 16 January 2009, the day he signed in to his first permanent duty station after completing WOBC. Per regulatory guidance, he was eligible for FLPB for 1 year from the date of his last proficiency test. Therefore, it would be appropriate to correct his record to show entitlement to FLBP for the period from 16 January 2009 until 18 November 2009 (11 months) in the amount of $300.00 per month for a total of $3,300.00. 2. The applicant requested FLPB for 12 months. However, the evidence supports FLPB for 11 months based on the date he signed into his first duty station per regulatory guidance. Therefore, the part of his application that pertains to 12 full months of FLPB should be denied. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing he applied for and was approved for FLPB for the period 16 January 2009 through 18 November 2009 (11 months); and b. paying him the appropriate amount of FLPB due as a result of this correction. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to his request for 12 months of FLPB. _______ _ __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) AR20140020457 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140020457 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1