RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 July 2006
      DOCKET NUMBER:  AR20050014500


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Maria C. Sanchez              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Donald L. Lewy                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).














THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his effective date on the
Request for Dental Additional Special Pay (DASP) contract be changed to
show 28 June 2003 instead of 8 September 2003.

2.  The applicant states, in effect, that his effective date on his initial
DASP request should correspond with his Health Professional Pay Entry Date
(HPPED) of 28 June 2003.  He continues that he was eligible for the DASP on
his HPPED and was fully licensed in the State of Missouri at that time.

3.  The applicant further states that the request for DASP was not made
available at Officer Basic Course (OBC) in Fort Sam Houston, Texas and that
the execution of DASP was delayed until he signed the contract at Fort Sill
DENTAC. He continued that a new administrative secretary erroneously put
the execution date as the effective date rather than the HPPED date and
that each contract must be for a full year and therefore denied the full
benefit of an authorized bonus.

4.  The applicant provides a copy of a memorandum to the Chief, Special Pay
Branch, Office of the Surgeon General, dated 11 September 2003; a DA Form
1506 (Statement of Service for Computation of Length of Service for Pay
Purposes); a letter from Missouri, Division of Professional Registration,
dated 4 June 2003; U.S. Total Army Personnel Command Orders # A-05-392053,
dated 6 May 2003; and U.S. Total Army Personnel Command Orders # A-05-
092052, dated 6 May 2003, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned in the United States Army Reserve in the
rank of captain on 5 May 2003.  The applicant is currently serving on
active duty in the rank of captain.

2.  The applicant provided a memorandum, dated 11 September 2003, addressed
to the Chief of Special Pay Branch at the Office of the Surgeon General
requesting DASP.  In this request, he stated that he understood and agreed
to serve one year of continuous active duty effective 8 September 2003.
The request was approved by the Commander of Headquarters, Dental Activity
(DENTAC).

3.  An undated DA Form 1506 shows the applicant was commissioned as an
officer in the USAR (Active) for the period 28 June 2003 through present.
This entry was verified from his Official Military Record by a military
personnel clerk.
4.  A letter from Missouri Division of Professional Registration, dated
4 June 2003, informed the applicant that he has successfully completed all
the necessary requirements for a Missouri dental license.

5.  U.S. Total Army Personnel Command Orders # A-05-092052, dated 6 May
2003, ordered the applicant to proceed to temporary duty during the period
of 29 June 2003 through 19 September 2003 to attend the Army Medical
Department (AMEDD) Officer Basic Course.

6.  U.S. Total Army Personnel Command Orders # A-05-092053, dated 6 May
2003, ordered the applicant to active duty for a period of three years and
assignment to USA DENTAC, Fort Sill, Oklahoma.  These orders also show that
his reporting date was on 1 October 2003.

7.  The Office of the Surgeon General provided an advisory opinion in this
case.  The Chief of AMEDD Special Pay Branch indicated that policy and
procedures state that the earliest an officer can execute a DASP agreement
is upon entry on active duty.  The Chief of AMEDD Special Pay Branch stated
that a review of the applicant's military pay account and personnel file
indicates that he entered active duty on this current tour of duty on 28
June 2003 and had a full unrestricted license to practice dentistry.

8.  The Chief of AMEDD Special Pay Branch further stated that the applicant
was not permitted to execute the annual contractual agreement during entry
on active duty or at the OBC until his arrival at the first permanent duty
station on 8 September 2003.  The Chief of AMEDD Special Pay Branch
continues that policy indicates that DASP contract agreement requires
execution and submission by an officer, through their chain of command, for
payment, and in turn, officers must execute their contracts no earlier than
90 days, but no later than 30 days from the effective date.

9.  The Chief of AMEDD Special Pay Branch opined that due to extenuating
circumstances whereas the applicant was not permitted to execute a DASP in
OBC and had to wait until his arrival at his first permanent duty station,
it would be appropriate to adjust the current cycle of 8 September to 28
June of each year.





10.  The Chief of AMEDD Special Pay Branch advised that the applicant's
DASP cycle of 8 September should be adjusted to 28 June of each year as
follows:

      a.  Change FID R2 – Additional Special Pay – ASP, effective date from
8 September 2003 to 28 June 2003;

      b.  Change FID R2 – Additional Special Pay – ASP, effective date from
8 September 2004 to 28 June 2004; and

      c.  Upon completion, to allow the applicant to execute new DASP
effective 28 June 2005.

11.  The applicant was provided a copy of the advisory opinion for review
and comment.  On 14 November 2005, the applicant concurred with the
advisory opinion.

12.  Title 37, United States Code, Section 302b provide for special pays
for dental officers of the armed forces.  For an officer in the Dental
Corps of the Army designated as a dental officer and is ordered to active
duty for a period of not less than one year, is entitled to special pay.
An officer who is entitled to variable special pay is entitled to
additional special pay for any 12-month period during which the officer is
not undergoing dental internship or residency training.  Such additional
special pay shall be paid at the following rate:  $4,000.00 per year, if
the officer has less than three years of creditable service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DASP contract to show his
effective date as 28 June 2003 instead of 8 September 2003.

2.  Evidence shows that the applicant entered on active duty on 28 June
2003.  Evidence also shows the applicant provided the contractual agreement
for DASP on 8 September 2003 which was authenticated and approved by his
commanding officer.  However, policy and procedures indicates that the
earliest an officer can execute a DASP is upon entry on active duty.

3.  The Chief of AMEDD Special Pay Branch indicated that the applicant was
eligible for the DASP at the time he entered active duty; however, due to
extenuating circumstances, he could not execute a DASP until arrival at his
first permanent duty station.  Therefore,  it would be appropriate to
adjust the applicant's current cycle of 8 September to 28 June of each
year.

4.  In accordance with the advisory opinion, it would be equitable to
correct his records to show that he submitted the appropriate documentation
to the Chief, Special Pay Branch at the Office of the Surgeon General on 28
June 2003 requesting DASP, that his request was approved, and that all
contracts thereafter be corrected to show that his DASP cycle starts on
28 June of each year.

BOARD VOTE:

_BJE____  _DLL___  __JEV___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:

      a.  showing that he submitted the appropriate documentation to the
Chief, Special Pay Branch at the Office of the Surgeon General on 28 June
2003 requesting DASP and that his request was approved; and

      b.  that all contracts thereafter be corrected to show that his DASP
cycle starts on 28 June of each year.




                                     __James E. Vick__
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050014500                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060719                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  1038 |128.1900.0000/DASP                      |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]