IN THE CASE OF:	  

		BOARD DATE:	  13 September 2012

		DOCKET NUMBER:  AR20120009287 


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 his record to show he entered into a Dental Officer Multi-Year Retention Bonus (DOMRB) agreement effective 1 July 2007.  He also requests payment of the DOMRB for the period 1 July to 30 September 2007.

2.  He states the Medical Operational Data System (MODS) showed his training obligation end date was 30 June 2007.  He also states he completed a permanent change of station (PCS) from Wurzburg, Germany, to Yongsan, Korea in June 2007.  The special pay officer at his gaining unit asked him to sign a 4-year DOMRB for 1 October 2007 to 30 September 2011.  He asked why the start date was 1 October 2007 instead of 1 July 2007 and he was told, in effect, that his contract signing date was 18 September 2007; therefore, his DOMRB start date had to be 1 October 2007.  He states the period of the contract should have been written as 1 July 2007 to 20 June 2011 with a justification for lateness.  

3.  He provides:

* two memoranda, subject:  Request for DOMRB
* a page from his MODS record

CONSIDERATION OF EVIDENCE:

1.  Effective 1 May 1995, the applicant was appointed as a Reserve commissioned officer of the Army in the Dental Corps.  On 25 June 1995, he entered active duty.  He is currently serving as a lieutenant colonel/O-5 (promotable) in the Dental Corps.  

2.  His record in the Total Officer Personnel Management Information System (TOPMIS) shows he reported to a new assignment on 3 August 2007.  

3.  On 19 September 2007, he signed a memorandum, subject: Request for DOMRB.  By signing the memorandum, he agreed that, effective 1 October 2007, he was obligated to 4 years of continuous service to receive the DOMRB in the amount of $40,000 for each year of the agreement.  

4.  The applicant provides a second memorandum, subject:  Request for DOMRB, that he signed on 15 October 2008.  By signing the memorandum, he agreed that, effective 1 October 2008, he was obligated to 4 years of continuous service to receive the DOMRB in the amount of $50,000 for each year of the agreement.  

5.  He provides a MODS Special Pay Record Brief showing his training obligation end date was 30 June 2007.  

6.  On 1 June 2012, during the processing of this case, the Chief, Special Pay Branch, Army Medical Department, provided an advisory opinion.  The advisory official states, in part:

	a.  Eligibility for the DOMRB agreement requires completion of all education and training obligations or 8 years of creditable service from the officer's Health Professions Pay Entry Date (HPPED).  The applicant completed his education and training obligation on 30 June 2007 and he was eligible to execute a 4-year DOMRB at the Fiscal Year 2007 (FY07) rate of $35,000 per year effective 1 July 2007 through 30 June 2011.  

	b.  If approved, the mechanics of this change are an initial DOMRB at $35,000 per year effective for the prorated period of 1 July 2007 to 30 September 2008, for a total authorized prorated amount of $43,750.  Since he has already been paid $40,000 for the DOMRB effective 1 October 2007 to 30 June 2008, the difference due to him for the 3-month period 1 July through 30 September 2007 is $3,750.  

	c.  His current 4-year DOMRB at the FY2009 rate of $50,000 per year is unaffected.  

7.  On 15 June 2012, the applicant responded to the advisory opinion.  He stated he disagreed with the amount of the prorated DOMRB for the period 1 July through 30 September 2007 calculated by the advisory official.  He believes the prorated amount based on the FY07 rate of $35,000 per year should be $8,750.  

8.  Title 37, United States Code, Section 301e (Multiyear Retention Bonus:  Dental Officers of the Armed Forces), is the legal authority for the DOMRB.  The statute authorizes a retention bonus for dental officers who execute a written agreement to remain on active duty for 2, 3, or 4 years after completion of any other active duty service commitment.  

	a.  An eligible officer must:

		(1)  be an officer of the Dental Corps of the Army or the Navy or an officer of the Air Force designated as a dental officer;

		(2)  have a dental specialty in oral and maxillofacial surgery;

		(3)  be in a pay grade below pay grade O–7;

		(4)  have at least 8 years of creditable service or have completed any active-duty service commitment incurred for dental education and training; and

		(5)  have completed initial residency training (or will complete such training before the 30 September FY in which the officer enters into an agreement).

	b.  The statute also provides that, at the discretion of the Secretary of the military department concerned, the Secretary may enter into a written agreement with a dental officer who does not have the dental specialty specified above, and pay a retention bonus to such an officer, if the officer otherwise satisfies the eligibility requirements specified above.

9.  The Department of Defense Financial Management Regulation, Volume 7A, section 0608, implements the DOMRB.  It states, in part, a dental officer with an existing DOMRB service agreement may terminate that agreement to enter into a new DOMRB service agreement at the annual rate in effect at the time of the execution of the new agreement.  The length of the new agreement period must be equal to or longer than the original obligation period specified in the DOMRB agreement being terminated.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports the applicant's request for correction of his record to show he entered into a DOMRB contract effective 1 July 2007 and to be paid the DOMRB for the period 1 July to 30 September 2007.
2.  The advisory official states the applicant completed his education and training obligation on 30 June 2007, and he was eligible to execute a 4-year DOMRB at the FY07 rate of $35,000 per year effective 1 July 2007 through 30 June 2011.  

3.  The record shows that, as a result of a PCS, he was deprived of the opportunity to execute a DOMRB contract in a timely manner.  This constitutes an inequity that should now be corrected.

4.  In view of the foregoing, it would be appropriate to correct his record to show he entered into a 4-year DOMRB contract effective 1 July 2007 entitling him to payment at the FY07 rate of $35,000 per year.  

5.  Because he entered into a contract on 1 October 2007 at the FY08 rate, the contract effective 1 July 2007 will have terminated on 30 September 2007.  Therefore, as a result of this correction, he will be entitled to payment for 3 months of service at the FY07 rate, or $8,750 ($35,000 ÷ 12 = $2,916.66 × 3 = $8,749.99). 

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:

a. showing he entered into a 4-year DOMRB contract at the FY07 rate of $35,000 per year effective 1 July 2007; and






	b.  paying him for 3 months of service under the DOMRB contract effective 1 July 2007.



      _______ _   __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)                                         AR20120009287



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ABCMR Record of Proceedings (cont)                                         AR20120009287



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