RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 November 2006
      DOCKET NUMBER:  AR20060012135


      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. Stephanie Thompkins           |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James B. Gunlicks             |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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, correction to his agreement
effective date on his initial Dental Additional Special Pay (DASP) contract
to coincide with his entry on active duty (EAD) date of 20 July 2004.

2.  The applicant states, in effect, that it is normal for the effective
date to be the same as the EAD date for dental officers, so for each year
of service, they are eligible for an annual lump-sum bonus on the
anniversary of their EAD.  He also states that the effective date for the
initial contract should be 20 July 2004.  The effective date on the second
contract should be 20 July 2005.  This would allow the effective date on
the third contract to be 20 July 2006.  He was a direct accession into the
Army on 20 July 2004.  Each year, a dental officer is eligible and entitled
to DASP and must sign a contract for one year of continuous active service
for each year of active duty. Since he has been in continuous active
service since 20 July 2004 according to his orders, his original DASP
contract should have coincided with his entry on active duty date, but
instead was submitted with the date of 5 August 2004 by the administrative
staff at DENTAC Headquarters at Fort Hood, Texas.  He also states that the
subsequent contract was also incorrect in 2005 and when he asked the
personnel at DENTAC Headquarters for it to be corrected, he was advised
that he should wait until 2006 to have it corrected.

3.  The applicant further states that upon submission this year with the
correct date, he was advised by the people who handle the DASP contracts
(Alexandria, Virginia) that this change could not be made at their level
and it would be necessary for him to extend his date to 5 August 2007 in
order to be eligible for the money or not accept it because the date would
have to be one continuous year from 5 August 2006 to coincide with the
previous two incorrect contracts.  He believes the date should be changed
to coincide with his EAD without incurring an extension of his date.  He
was also advised to contact the Army Board for Correction of Military
Records and submit a request for correction.

4.  The applicant provides copies of his active duty orders, his Request
for DASP memorandums, dated 5 August 2004 and 31 October 2005, in support
of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records were not submitted to the Board.
Information herein was obtained from documentation submitted by the
applicant and the advisory opinion, dated 13 October 2006, rendered by the
Chief, Army Medical Department Special Pay Branch, Falls Church, Virginia,
that stated that the applicant has requested that his DASP agreement
effective date be changed from an August cycle to a July cycle.  The
applicant based his request on incorrect counseling and late submission of
his DASP upon initial EAD.  A review of the applicant's military pay file
indicated that his DASP agreements for $6,000/year were submitted with
agreement effective dates of 5 August 2004 to 4 August 2005, 5 August 2005
to 4 August 2006, and 5 August 2006 to 4 August 2007.  Although agreement
effective dates are on the cycle requested by the applicant in the
agreement, the initial agreement and subsequent agreement effective dates
were based on improper counseling and should have been effective the date
of EAD (20 July 2004).

2.  The advisory opinion recommended that the DASP agreements effective
5 August 2004, 5 August 2005, and 5 August 2006, have their dates
adjusted (overlaid) by the Defense Finance and Accounting Service (DFAS)
to read 20 July 2004, 20 July 2005, and 20 July 2006, respectively.
There are no debts or payments due.

3.  The opinion was forwarded to the applicant for his acknowledgement and
possible rebuttal on 31 October 2006 and concurred with the opinion on
20 October 2006.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was fully eligible for entitlement to
a DASP and correction to the agreement effective dates based upon his
initial EAD.  The DFAS will take the necessary action to change the
applicant's DASP agreements from an August to a July cycle and show the
applicant's agreement effectives dates as 20 July 2004, 20 July 2005, and
20 July 2006, respectively.

2.  In view of the foregoing, the applicant's records should be corrected
as recommended below.

BOARD VOTE:

__JBG __  __EM___  ___SWF_  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
adjusting the Dental Additional Special Pay agreements effective 5 August
2004, 5 August 2005, and 5 August 2006 to read, 20 July 2004, 20 July 2005,
and 20 July 2006, by the Defense Finance and Accounting Service.




                                  ____James B. Gunlicks_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060012135                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061102                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |128.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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