BOARD DATE: 6 December 2011
DOCKET NUMBER: AR20110011398
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 correction of his Dental Additional Specialty Pay (DASP) contracts to show the beginning date coinciding with his commissioning date.
2. The applicant states that DASP contracts are normally effective upon commissioning; however, in his case the contract was not effective until nearly 3 months after he was commissioned.
3. The applicant provides a DA Form 71 (Oath of Office Military Personnel) and DASP request effective 25 August 2009 in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows he was commissioned as a captain in the Regular Army (RA), Dental Corps on 14 June 2009.
2. On 25 August 2009, he entered into a DASP agreement covering the period 25 August 2009 through 24 August 2010. On 25 August 2010, he entered into a second DASP agreement covering the period 25 August 2010 through 24 August 2011.
3. An advisory opinion was obtained from the Chief, Army Medical Department (AMEDD) Special Pay Branch, Office of the Surgeon General (OTSG), in connection with the processing of this case. This official confirms the applicant's initial and subsequent DASP agreement effective dates were the result of improper counseling and should have been effective on the date the applicant entered active duty. This OTSG official recommends the applicant's existing DASP agreements be corrected to cover the periods 14 June 2009 through 13 June 2010 and 14 June 2010 through 13 June 2011. He confirms the applicant can submit a DASP for $10,000.00 effective 14 June 2011 through 13 June 2012 once this is accomplished. He further confirms these corrections result in no debt or payments due.
4. On 15 September 2011, the applicant was provided a copy of the OTSG advisory opinion in order to have the opportunity to respond. To date, he has failed to reply.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DASP agreements to show an initial effective date coinciding with his commissioning date and adjustment of the subsequent agreement accordingly has been carefully considered and was found to have merit.
2. OTSG, the agency responsible for administering AMEDD Special Pay Programs to include DASP, confirms the effective date of the applicant's DASP agreements was the result of improper counseling. OTSG further confirms the applicant was eligible to execute his original DASP agreement on 14 June 2009, the date of his appointment in the RA. It would be appropriate to correct the applicant's record to show he entered into his initial DASP agreement on 14 June 2009 for the period 14 June 2009 through 13 June 2010 and that he entered into his subsequent DASP agreement on 14 June 2010 for the period 14 June 2010 through 13 June 2011.
3. The applicant is advised that it is his responsibility to submit a DASP agreement for $10,000.00 for the period 14 June 2011 through 13 June 2012 to the AMEDD Special Pay Branch once these corrections are implemented.
BOARD VOTE:
___x__ ___x_____ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 amending his DASP agreements to show he entered into his initial DASP agreement on 14 June 2009 for the period 14 June 2009 through 13 June 2010 and into his subsequent DASP agreement on 14 June 2010 for the period 14 June 2010 through 13 June 2011. No debts or payments are due as a result of this decision.
__________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) AR20110011398
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