IN THE CASE OF:
BOARD DATE: 4 January 2013
DOCKET NUMBER: AR20120013423
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 the agreement effective date on his initial Dental Additional Special Pay (DASP) contract be changed to 1 February
2010 instead of 21 April 2010.
2. The applicant states his initial DASP was incorrectly set as 21 April 2010. He further states that he did not receive DASP funds from 1 February 2010 to
20 April 2010.
3. The applicant provides:
* Orders A-12-934654, dated 22 December 2009, issued by the U.S. Army Human Resources Command (HRC)
* his Special Pay - Record Brief
* a State of Georgia Board of Dentistry License
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving in the Regular Army (RA) at the rank of major (MAJ) as a Dental Corps officer.
2. Orders A-12-934654, dated 22 December 2009, issued by HRC, show the applicant was ordered to active duty on 1 February 2010.
3. A DA Form 71 (Oath of Office - Military Personnel) shows the applicant was commissioned as a MAJ in the RA on 1 February 2010.
4. The applicant's Special Pay - Record Brief shows:
* DASP 2010 - Start Date 21 April 2010 End Date 20 April 2011 $10,000.00
* DASP 2011 - Start Date 21 April 2011 End Date 20 April 2012 $10,000.00
5. The applicant's Special Pay - Record Brief further shows he entered into a new Health Professions Officer Incentive Pay (HPOIP) effective 29 January 2012 to 28 January 2013.
6. In the processing of this case, on 29 August 2012, an advisory opinion was obtained from the Chief, Army Medical Department Special Pay Branch, Office of The Surgeon General. The advisory official states:
a. Officer is requesting his initial DASP agreement be changed from 21 April 2010 to 1 February 2010. The applicant bases his request on incorrect counseling and late submission of his DASP upon initial entry on active duty.
b. A review of the officer's personnel and pay files indicates the entry date on active duty as 1 February 2010, initial license as a Dentist effective
30 September 1976. The applicant executed an annual DASP effective 21 April 2010.
c. Although the agreement effective date is on the cycle executed by the applicant, the initial agreement effective date was based on improper counseling and should have been effective no earlier than the date the applicant was both active duty and licensed as a dentist, to wit 1 February 2010.
7. The official recommended the annual DASP agreements effective 21 April 2010 and 21 April 2011, be adjusted to 1 February 2010 and 1 February
2011 respectively.
a. Since the applicant entered into a new HPOIP effective 29 January 2012, the active DASP then effective for 21 April 2011 to 19 April 2012 was terminated with a prorated recoupment for the period 29 January 2012 to 19 April 2012.
b. If the recommendation to adjust the applicant's annual DASP agreements to 1 February 2010 and 1 February 2011 is approved, the applicant's recoupment would be changed to 29 to 31 January 2012.
8. The opinion was emailed to the applicant for his acknowledgement and possible rebuttal. On 11 September 2012, he concurred with the opinion.
DISCUSSION AND CONCLUSIONS:
The evidence shows the applicant was fully eligible for entitlement to a DASP and correction to the agreement effective dates based upon his initial active duty entry date. His DASP agreements should be effective 1 February 2010 and
1 February 2011. As a result of this correction, the Defense Finance and Accounting Service (DFAS) should also determine if he is entitled to a refund of any recouped payments.
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 his DASP agreements effective 21 April 2010 and 21 April 2011 to read 1 February 2010 and 1 February 2011 and for DFAS to pay the applicant any refunds he is due as a result of this correction.
_______ _ 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.
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