IN THE CASE OF:
BOARD DATE: 15 March 2011
DOCKET NUMBER: AR20100016320
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 change of the date of her Dental Additional Special Pay (DASP) contract from 11 August 2009 to 16 June 2009.
2. The applicant states the incorrect date was used in her DASP contract.
3. The applicant provides excerpts from her military records.
CONSIDERATION OF EVIDENCE:
1. The applicants military records show she entered active duty as a captain, Dental Corps, in a voluntary indefinite status on 15 June 2009. Orders A-03-909551, issued by the U.S. Army Human Resources Command, St. Louis, MO, dated 30 March 2009, as amended by Orders A-03-909551A01, dated 15 April 2009, show in the additional instructions that she was eligible for Variable Special Pay (VSP) and DASP effective the date of her entry on active duty.
2. On 11 August 2009 the applicant signed a $10,000.00 DASP contract agreeing to remain on active duty for 1 year, effective 11 August 2009.
3. On 21 August 2009, the applicant signed another DASP contract agreeing to remain on active duty for 1 year, effective 16 June 2009.
4. In the processing of this case, on 2 February 2011, an advisory opinion was obtained from the Office of The Surgeon General (OTSG). The advisory official
stated that the applicant was eligible for the DASP when she was issued her license in dentistry on 16 June 2009; therefore, her initial effective date for her DASP should be 16 June 2009. While the applicant was eligible for the DASP on 16 June 2009, she did not sign a DASP contract until 11 August 2009 and a second DASP contract on 10 August 2010. The advisory official recommends changing the dates of the applicant's DASP contracts to 16 June 2009 and
16 June 2010.
5. On 3 February 2011, a copy of the advisory opinion was forwarded to the applicant to allow her the opportunity to submit comments or a rebuttal. She did not respond.
6. Title 37, U.S. Code, Section 302, states that an officer who is an officer of the Medical Corps of the Army or the Navy or an officer of the Air Force designated as a medical officer and who is on active duty under a call or order to active duty for a period of not less than one year is entitled to special pay in accordance with this subsection.
DISCUSSION AND CONCLUSIONS:
1. The applicant was eligible for DASP effective 16 June 2009.
2. As such, it would be appropriate to now change the dates of her DASP contracts to show they were effective 16 June 2009 and 16 June 2010, respectively.
3. As a result, her new DASP agreement cycle would now be 16 June, with her next agreement to be executed on 16 June 2011.
BOARD VOTE:
___X____ ____X___ ____X___ 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 changing the dates of her DASP contracts to show they were effective 16 June 2009 and 16 June 2010, respectively.
____________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) AR20100016320
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ABCMR Record of Proceedings (cont) AR20100016320
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