BOARD DATE: 20 October 2011
DOCKET NUMBER: AR20110015428
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 his Dental Additional Special Pay (DASP) agreement's effective date be changed from an August cycle to a June cycle.
2. The applicant states when he entered active duty, he attended the officer basic leadership course (OBLC) on 16 June 2008 and he had a current, unrestricted State of Michigan dental license that was issued on 2 June 2008. While attending OBLC, he inquired about signing his DASP application and was told he had to wait until he arrived at his first permanent duty station. 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. A few weeks later he received a new DASP with the effective date of 7 August 2008. He was told by his commander that he could not back the application more than 30 days. The right thing to do is make the date of his DASP coincide with the date he came on active duty. He was not allowed to sign a request for DASP when he was at OBLC and his fellow officers were allowed to backdate their DASP once they arrived at their permanent duty station.
3. The applicant provides two pages of email and his dentist license.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he was appointed as a U.S. Army Reserve second lieutenant and executed an oath of office on 9 March 2004.
2. On 9 June 2008, the applicant entered active duty as a Regular Army, Dental Corps (DC) captain (CPT) and attended OBLC, Fort Sam Houston, TX, from 16 June 2008 to 28 July 2008.
3. He was subsequently assigned to the U.S. Army Medical Department Activity (MEDDAC) Student Detachment, Fort Campbell, KY.
4. In the processing of this case a staff advisory opinion, dated 6 October 2011, was obtained from the Special Pay Branch of the Office of the Surgeon General (OTSG). The advisory official stated that the applicant was, in effect, requesting his DASP agreement effective date be changed from an August cycle to a June Cycle. A review of the officer's military pay file indicated the applicant entered active duty on 9 June 2008 and his initial license as a dentist was effective 29 May 2008. The applicant's executed agreements included annual DASPs effective 7 August 2008, 7 August 2009, 7 August 2010, and 7 August 2011. 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. The advisory official recommended the annual DASPs be adjusted by the Defense Finance and Accounting Service (DFAS) to 9 June 2008, 9 June 2009, 9 June 2010, and 9 June 2011, respectively. There is no debt or payment due the applicant.
5. The applicant was provided a copy of this advisory and concurred on 11 October 2011.
6. DASP is paid annually to Dental Corps officers who are not participating in internship or initial residency training. Possession of a current, unrestricted license, or an approved Department of Defense waiver issued under the provisions of Army Regulation 40-68 is required. The license or waiver must be maintained during the period of the DASP agreement to be eligible. Entitlement to pay is contingent upon execution of a legally-binding written agreement to remain on active duty for 1 year beginning on the effective date of the agreement.
DISCUSSION AND CONCLUSIONS:
The available evidence supports the applicant's contention that he was not properly advised of the date he could sign a DASP agreement. Therefore, his record should be corrected to show he signed his DASP agreements on 9 June 2008, 9 June 2009, 9 June 2010, and 9 June 2011, respectively. There is no debt or payment due the applicant.
BOARD VOTE:
__X______ __X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 adjusting the dates of his DASP agreements from 7 August 2008, 7 August 2009, 7 August 2010, and 7 August 2011, to 9 June 2008, 9 June 2009, 9 June 2010, and 9 June 2011, respectively.
_______ _ 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) AR20110015428
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ABCMR Record of Proceedings (cont) AR20110015428
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