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
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ABCMR Record of Proceedings (cont) AR20110015138
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