Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110015138
Original file (20110015138.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  29 November 2011

		DOCKET NUMBER:  AR20110015138 


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 the effective date on his Dental Additional Special Pay (DASP) contract to show 13 June 2010 instead of 9 August 2010.

2.  He states his effective date on his initial DASP request should correspond with his Health Professional Pay entry date and active duty entry date of 13 June 2010.

3.  He provides an Army Medical Department (AMEDD) Special Pay printout, a memorandum requesting DASP, and a DA Form 5074-R (Record of Award of Entry-Grade Credit (Medical and Dental Officers)).

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned in the Regular Army in the rank of captain on 13 June 2010.  The applicant is currently serving on active duty in the rank of captain.

2.  He provides a memorandum for the Commander, U.S. Army Health Professional Support Agency, requesting DASP.  In this request, he stated he understood and agreed to serve 1 year of continuous active duty effective 9 August 2010.  The request was approved by the Commander, U.S. Army Dental Activity.

3.  An Indiana online licensing printout shows he was issued a dentist license on 26 May 2010.

4.  U.S. Army Human Resources Command Orders A-05-014715, dated 17 May 2010, ordered him to active duty for the purpose of fulfilling his active duty requirement in a voluntary indefinite status with a reporting date of 13 June 2010.

5.  The Office of the Surgeon General provided an advisory opinion in this case.  The AMEDD Special Pay Branch Chief indicated the applicant's DASP agreement for $10,000.00 per year was submitted with an effective period of 9 August 2010-8 August 2011.  The AMEDD Special Pay Branch Chief indicates that although the agreement effective date is on the cycle requested by the applicant, the initial agreement effective date was based on improper counseling and should have been effective the date of entry on active duty per his finance base pay starting date of 9 June 2010.

6.  The AMEDD Special Pay Branch Chief recommended the applicant's DASP agreement effective period of 9 August 2010-8 August 2011be adjusted by the Defense Finance and Accounting Service (DFAS) to 9 June 2010-8 June 2011.  He further indicated there is no debt or payment due.

7.  The AMEDD Special Pay Branch Chief indicated that upon approval of the change, the applicant could then submit a DASP for $10,000.00 for the revised effective period.

8.  The applicant was provided a copy of the advisory opinion for review and comment.  He did not provide a response.

9.  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 1 year is entitled to special pay in accordance with this subsection.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was fully eligible for entitlement to a DASP and that he entered on active duty on 13 June 2010.  Notwithstanding the statement by the AMEDD Special Pay Branch Chief that the applicant entered active duty on 9 June, U.S. Army Human Resources Command 
Orders A-05-014715, dated 17 May 2010, show he entered active duty on 13 June 2010.

2.  Policy and procedures state that the earliest an officer can execute a DASP agreement is upon entry on active duty.  As such, it would be appropriate to now change the dates of his DASP agreement to show an initial effective date of 13 June 2010 and that his DASP cycle starts on 13 June of each year.

3.  In view of the foregoing, it would be equitable to change the applicant's records as shown below. 

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.  showing he submitted the appropriate documentation to the Chief, Special Pay Branch, Office of the Surgeon General, requesting DASP effective 13 June 2010 and that his request was approved and

	b.  that all agreements thereafter be corrected to show his DASP cycle starts on 13 June of each year.



      __________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)                                         AR20110015138



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110015138



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110011533

    Original file (20110011533.txt) Auto-classification: Approved

    Military Personnel Records and advisory opinions (if any). 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. 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...

  • ARMY | BCMR | CY2005 | 20050014500C070206

    Original file (20050014500C070206.doc) Auto-classification: Approved

    The applicant requests, in effect, that his effective date on the Request for Dental Additional Special Pay (DASP) contract be changed to show 28 June 2003 instead of 8 September 2003. In accordance with the advisory opinion, it would be equitable to correct his records to show that he submitted the appropriate documentation to the Chief, Special Pay Branch at the Office of the Surgeon General on 28 June 2003 requesting DASP, that his request was approved, and that all contracts thereafter...

  • ARMY | BCMR | CY2011 | 20110011398

    Original file (20110011398.txt) Auto-classification: Approved

    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. 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. As a result, the Board recommends...

  • ARMY | BCMR | CY2012 | 20120013423

    Original file (20120013423.txt) Auto-classification: Approved

    Military Personnel Records and advisory opinions (if any). The applicant requests the agreement effective date on his initial Dental Additional Special Pay (DASP) contract be changed to 1 February 2010 instead of 21 April 2010. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adjusting his DASP agreements effective 21 April 2010 and 21 April 2011 to read 1 February 2010 and 1 February 2011 and for DFAS to pay the...

  • ARMY | BCMR | CY2011 | 20110022367

    Original file (20110022367.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 8 March 2012 DOCKET NUMBER: AR20110022367 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests change of the effective date of his Dental Additional Special Pay (DASP) contract from 12 September 2010 to 16 June 2011. The applicant was eligible for DASP, effective 8 September 2008, the date he was issued his dentist license.

  • ARMY | BCMR | CY2011 | 20110015428

    Original file (20110015428.txt) Auto-classification: Approved

    Upon arrival to Fort Campbell, KY, on 7 August 2008, he signed his DASP application and it was backdated to coincide with the date he entered active duty. The advisory official further stated the initial DASP agreement effective date was based on improper counseling and should have been effective no earlier than 9 June 2008, the date the officer was on active duty and licensed as a dentist. Therefore, his record should be corrected to show he signed his DASP agreements on 9 June 2008, 9...

  • ARMY | BCMR | CY2011 | 20110014913

    Original file (20110014913.txt) Auto-classification: Approved

    The applicant requests a change of the effective date of Dental Additional Special Pay (DASP) to 3 August 2011. 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.

  • ARMY | BCMR | CY2010 | 20100016320

    Original file (20100016320.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 15 March 2011 DOCKET NUMBER: AR20100016320 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Military Personnel Records and advisory opinions (if any). 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.

  • ARMY | BCMR | CY2013 | 20130007478

    Original file (20130007478.txt) Auto-classification: Denied

    Therefore, a re-negotiated DOMRB contract could be effective on 20 April 2013, 4 years prior to his MRD. e. The applicant may not have gotten timely information regarding the effective date of his re-negotiated DOMRB contract because there was no system-requested calculation of his MRD. The applicant may not have gotten timely information regarding the effective date of his re-negotiated DOMRB contract because there was no system requested calculation of his MRD.

  • ARMY | BCMR | CY2006 | 20060012135C070205

    Original file (20060012135C070205.doc) Auto-classification: Approved

    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. 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...