IN THE CASE OF:
BOARD DATE: 13 December 2011
DOCKET NUMBER: AR20110014913
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 a change of the effective date of Dental Additional Special Pay (DASP) to 3 August 2011.
2. The applicant states the effective date of his DASP is incorrect.
3. The applicant provides DASP agreements in support of the application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows he was commissioned as a captain in the Regular Army (RA), Dental Corps on 3 August 2009, and was licensed as a Dentist on 21 August 2009.
2. The record contains a DASP agreement for $10,000 annually effective 21 September 2009, 21 September 2010, and 21 September 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 was licensed as a Dentist or 21 August 2009. This OTSG official recommends the applicant's existing DASP agreements be corrected by changing the effective dates to 21 August 2009, 21 August 2010 and 21 August 2011, respectively. He confirms this agreement should result in no debt or payment due by this officer.
4. On 11 October 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 the effective date of his initial DASP agreement has been carefully considered and found to have partial merit. Although, the applicant was not eligible for DASP on his appointment date of 3 August 2009, he was eligible upon being licensed as a Dentist on 21 August 2009.
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 21 August 2009, the date he was licensed as a Dentist. Therefore, it would be appropriate to correct the applicant's record to show he entered into his initial DASP agreement on 21 August 2009, and that he entered into his subsequent agreements on 21 August 2010 and 21 August 2011. Correction of the DASP agreement effective dates results in no debt or payment due the applicant.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X___ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting the effective dates of his DASP agreements to 21 August 2009,
21 August 2010, and 21 August 2011. This correction results in no payment or debt due the applicant.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing the initial DASP agreement to 3 August 2009.
__________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) AR20110014913
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ABCMR Record of Proceedings (cont) AR20110014913
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