| Mr. Carl W. S. Chun | Director | |
| Mr. Lee Cates | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Mr. Elzey J. Arledge, Jr. | Member | |
| Mr. Richard T. Dunbar | Member |
APPLICANT REQUESTS: That her records be corrected to show entitlement to Dental Additional Special Pay (DASP) for the period 1 July 1999 to 30 June 2000 and 1 July 2000 to 30 June 2001.
APPLICANT STATES: That there is no record of payment and that she failed to request these DASP contracts when they were due on 1 July 1999 and 1 July 2000. Further, she states that she “was not aware that I had to request the DASP contracts on an annual basis. Due to my misunderstanding, I thought the DASP entitlement was an automatic allotment.”
EVIDENCE OF RECORD: The applicant's military records show:
Records show that during the periods 1 October 1996 to 30 September 1997 and 1 October 1997 to 30 September 1998, the applicant executed DASP contracts in the amount of $4,000 annually.
On 1 July 2001, she executed a contract lasting until 30 June 2002, in the amount of $6,000 annually.
On 15 August 2001, she initiated DASP contracts for the periods 1 July 1999 to 30 June 2000 and 1 July 2000 to 30 June 2001.
On 12 October 2001, the Chief, Army Medical Department (AMEDD), Special Pay Branch, Office of The Surgeon General opined that there was no other record of any other contract submissions other that those shown above. The DASP requires contract execution and submission by the officer, through their chain of command, for payment. Officers may keep their contract anniversary effective dates as long as the contract is signed no earlier than 90 days, but no later than 30 days from the effective date. After that period, date of signature becomes the new effective date. Contract execution rests with the requesting officer.
This Board operates under the standard of presumption of regularity in governmental affairs. The standard states, in effect, that in the absence of evidence to the contrary, the Board must presume that all actions taken by the military were proper. There is nothing in the records or in the evidence submitted by the applicant that overcomes this presumption.
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, it is concluded:
1. The evidence of record clearly shows the applicant did not submit DASP contracts within the designated 90 days earlier and 30 days later than the effective date. She made the application after signing her 2001 to 2002 DASP.
2. The applicant’s claim that she “was not aware that I had to request the DASP contracts on an annual basis. … I thought the DASP entitlement was an automatic allotment” is greatly diminished, since she had previously executed two prior DASP contracts.
3. 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 this requirement.
4. 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
_rtd____ __mkp__ __eja___ DENY APPLICATION
| CASE ID | AR2001061717 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020411 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 128.19 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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