IN THE CASE OF:
BOARD DATE: 26 July 2012
DOCKET NUMBER: AR20120006796
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) date be changed from 1 October to 1 July of each year.
2. The applicant states his DASP date should correspond with the date of entry on active duty. Due to an administrative error beyond his control, the DASP contract was not submitted for his signature until 1 October 2010. Consequently, the contract is now renewed each year on 1 October. The DASP obligates him to one full year of active duty which means that even though his active duty service obligation (ADSO) will end in July 2013, the DASP contract obligates him to stay on active duty beyond his ADSO, until 30 September 2013.
3. The applicant provides:
* Memorandum, Subject: Fiscal Year 2011 Medical and Dental Officer Special Pay Plans
* Request for DASP, 2010 and 2011
CONSIDERATION OF EVIDENCE:
1. The applicant attended the School of Dentistry at the University of Louisville, KY, from the fall of 2006 through the spring of 2010. He was appointed as a Reserve commissioned officer in the rank of second lieutenant and executed an oath of office on 10 October 2007.
2. He successfully completed the Army Medical Department Officer Basic Leader Course at Fort Sam Houston, TX, from 15 June to 27 July 2009.
3. Upon completion of his dental degree, he was appointed as a Regular Army Dental Corps (DC) captain and executed an oath of office on 7 July 2010. He was assigned to the U.S. Army Dental Clinic, Fort Lee, VA.
4. On 20 October 2010, he signed an agreement and submitted a request for DASP in exchange for remaining on active duty for one year, beginning on 1 October 2010, and payment of $10,000. His commander approved his request and it was processed by the appropriate office on 14 December 2010.
5. On 14 September 2011, he signed an agreement and submitted a request for DASP in exchange for remaining on active duty for one year, beginning on 1 October 2011, and payment of $10,000. His commander approved his request and it was processed by the appropriate office.
6. An advisory opinion was obtained from the Office of the Surgeon General (OTSG) on 23 April 2012 in the processing of this case. An official recommended adjustment of the applicant's annual DASPs from 1 October 2010 and 1 October 2011 to 7 July 2010 and 7 July 2011 with no debt or entitlement due. He stated:
a. A review of the applicant's military personnel file and pay records indicate his entry on active duty on 7 July 2010 and initial license as a dentist effective 1 June 2010. He executed a DASP on 1 October 2010 and 1 October 2011. Although the agreement effective date is on the cycle requested by him, the initial agreement effective date was based on improper counseling and should have been effective not earlier than the date he was both on active duty and licensed as a dentist, 7 July 2010.
b. In accordance with Army Regulation 37-104-4 (Military Pay and Allowances Policy), 8 June 2005, chapter 20 (Settlement Actions Resulting from Correction of Records by the Army Board for Correction of Military Records (ABCMR)), only the Director, Defense Finance and Accounting Service may make settlement actions affecting military pay accounts of Soldiers as a result of correction of records by the ABCMR.
7. The advisory opinion was forwarded to the applicant but he did not respond.
DISCUSSION AND CONCLUSIONS:
The OTSG database shows the applicant was licensed on 1 June 2010 and entered active duty on 7 July 2010. Although he executed his DASP agreement on 1 October 2010 and 1 October 2011, it appears the initial agreement effective date was based on improper counseling and should have been effective not earlier than the date he was both on active duty and licensed as a dentist, 7 July 2010. Therefore, the applicant's annual DASPs from 1 October 2010 and 1 October 2011 should be adjusted to 7 July 2010 and 7 July 2011.
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:
* Correcting the initial annual DASP agreement for the period 1 October 2010 - 30 September 2011 to reflect 7 July 2010 - 6 July 2011
* Correcting his subsequent DASP agreement for the period 1 October 2011 - 30 September 2012 to show 7 July 2011 - 6 July 2012
* Auditing his pay records and paying him any back special pay as a result of this correction
* Ensuring future DASP agreements are executed on 7 July 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) AR20120006796
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