IN THE CASE OF:
BOARD DATE: 8 March 2012
DOCKET NUMBER: AR20110022367
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 change of the effective date of his Dental Additional Special Pay (DASP) contract from 12 September 2010 to 16 June 2011.
2. He states he provides Army Regulation 27-10 (Military Justice), paragraphs
3-37 (Distribution and filing of DA Form 2627 and allied documents), 4-41 (no such paragraph), and Table 3-2 (Removal of records of nonjudicial punishment from military personnel files). (It appears these references are not applicable to the applicant's issue.)
3. He provides:
* his Virginia Department of Health Professions license information, dated 26 October 2011
* his License to a Practice as a Dentist with an expiration date of 31 March 2009
* a Medical Operational Data System, Special Pay Record Brief, dated
14 February 2011
* an undated memorandum for the Commander, U.S. Army Health Professional Support Agency, subject: Request for DASP
CONSIDERATION OF EVIDENCE:
1. The applicant completed prior enlisted service in the Army National Guard and the Regular Army. He was appointed as a Reserve commissioned officer on 12 January 2004. He is currently serving on active duty in the rank of captain.
2. His initial license as a dentist was issued on 8 September 2008 from the Virginia Department of Health Professions.
3. On 15 September 2008, the applicant signed a $10,000.00 DASP contract agreeing to remain on active duty for 1 year, effective 12 September 2008.
4. On 21 July 2009, the applicant signed a second $10,000.00 DASP contract agreeing to remain on active duty for 1 year, effective 12 September 2009.
5. On 1 August 2010, the applicant signed a third $10,000.00 DASP contract agreeing to remain on active duty for 1 year, effective 12 September 2010.
6. His Special Pay Record Brief shows his DASP contract started on 12 September 2010 and ended on 11 September 2011.
7. On 16 March 2011, the applicant signed a $12,000.00 DASP contract agreeing to remain on active duty for 1 year, effective 12 June 2011. This contract was apparently disapproved by the Office of The Surgeon General.
8. In the processing of this case, on 4 January 2012, an advisory opinion was obtained from the Office of The Surgeon General. The advisory official stated:
a. The applicants initial license from the Commonwealth of Virginia indicated his initial license was issued on 8 September 2008.
b. The DASP initial effective date could be no earlier than the date the applicant was both on active duty and licensed as a dentist. Therefore, the initial DASP could be effective no earlier than 8 September 2008.
c. Since the applicants earliest date for his DASP effective date is 8 September 2008 his current DASP cycle should be changed from
12 September to 8 September. An approved correction had no monetary change or payments, but would only adjust current effective date cycle.
9. On 5 January 2012, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond.
10. Title 37, U.S. Code, section 302b provide for special pays for dental officers of the armed forces. For an officer in the Dental Corps of the Army designated as a dental officer and is ordered to active duty for a period of not less than
1 year, is entitled to special pay. An officer who is entitled to variable special pay is entitled to additional special pay for any 12-month period during which the officer is not undergoing dental internship or residency training. Such additional special pay shall be paid at the following rate: (1) $12,000.00 per year, if the officer has at least 8 but less than 12 years of creditable service and (2) $10,000.00 per year, if the officer has at least 12 but less than 14 years of creditable service.
DISCUSSION AND CONCLUSIONS:
1. The applicant was eligible for DASP, effective 8 September 2008, the date he was issued his dentist license.
2. Afterwards, he signed $10,000 DASP contracts to show they were effective 12 September 2008, 12 September 2009, 12 September 2010, respectively.
3. The DASP initial effective date could be no earlier than the date the applicant was both on active duty and licensed as a dentist. Therefore, the initial DASP could be effective no earlier than 8 September 2008.
4. As a result, there is no basis for changing his DASP agreement from 12 September 2010 to 16 June 2011.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X___ ____X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _______ ___
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) AR20110022367
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ABCMR Record of Proceedings (cont) AR20110022367
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