IN THE CASE OF:
BOARD DATE: 10 January 2012
DOCKET NUMBER: AR20110011533
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 her effective date on her Dental Additional Special Pay (DASP) agreement to coincide with her date of entry on active duty of 14 June 2009.
2. The applicant states:
* her DASP agreement does not coincide with her commissioning date
* her agreement was not available until August 2009
* she asked if her agreement could be backdated to match her commissioning date and her request was denied
* she was a licensed dentist at the time of her commissioning
* as a result of the error, she has to forego the DASP in the last year of her obligation if she wants to separate from the Army at the expiration of her term of service on 14 June 2012
* accepting her agreement as is will push her obligation date to August 2012 and cost her $10.000.00
3. The applicant provides her DA Form 71 (Oath of Office Military Personnel), dated 14 June 2009, and her DASP agreement, dated 25 August 2009.
CONSIDERATION OF EVIDENCE:
1. On 14 June 2009, the applicant accepted an appointment as a commissioned officer in the Regular Army in the rank of captain (O-3).
2. On 25 August 2009, the applicant submitted a request for DASP for her agreement to remain on active duty for a continued period of 1 year. In consideration of her entering into the agreement, the U.S. Army agreed to pay her DASP subject to the availability of funds payable in a one-time lump sum in the amount of $10,000.00. Her request for DASP was approved on 26 August 2009.
3. During the processing of this case an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD) Special Pay Branch, who recommended that relief be granted in this case. The AMEDD Chief stated that although the DASP agreement effective dates are on the cycle requested by the applicant, the initial agreement and subsequent agreement effective dates were based on improper counseling and should have been effective the date of entry on active duty on 14 June 2009. The AMEDD Chief recommended the DASP agreements effective dates of 25 August 2009 through 24 August 2010 and 25 August 2010 through 24 August 2011 be adjusted to 14 June 2009 through 13 June 2010 and 14 June 2010 through 13 June 2011. There are no debts of payments due and the applicant can then submit a DASP for $10,000.00 effective 14 June 2011 through 13 June 2012.
4. The opinion was forwarded to the applicant for her acknowledgement and possible rebuttal on 15 September 2011. She concurred with the opinion on 16 September 2011.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant was fully eligible for a DASP; however, the agreement effective dates should have been based upon the date of her initial entry on active duty. Therefore, her DASP agreements should be corrected to show the agreement effective dates as 14 June 2009 and 14 June 2010, respectively.
2. Corrected copies of the agreements should be provided to the applicant so that she may submit a DASP for $10,000.00 effective 14 June 2011.
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:
a. adjusting the Dental Additional Special Pay agreements effective 25 August 2009 and 25 August 2010 to read 14 June 2009 and 14 June 2010 and
b. providing copies of the corrected documents to the applicant.
_______ _ 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) AR20110011533
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ABCMR Record of Proceedings (cont) AR20110011533
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