IN THE CASE OF:	  

		BOARD DATE:  2 July 2013

		DOCKET NUMBER:  AR20130001149 


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 Dental Officer Multiyear Retention Bonus (DOMRB) contract by changing the effective date from 1 October to 
1 July 2012.

2.  The applicant states he is an orthodontist in the Army.  Previously he was a general dentist.  Before he began his residency in orthodontics, he signed a DOMRB addendum on 28 June 2010.  He signed at a Tier-3 level for $35,000 a year for 4 years.  This was the highest level he was able to sign at the time.

	a.  He attended a civilian orthodontic residency at the University of Louisville.  While in residency, he was assigned to the Army Medical Command (AMEDD) Student Detachment.  He processed all of his Army-related paperwork through the student detachment or the AMEDD Center and School.  Special pay contracts were generated by unit special pay technicians through the Medical Operations Data System (MODS) special pay module and then sent to The Office of the Surgeon General (OTSG) for processing.  He was told he was able to renegotiate his DOMRB to the Tier-1 level, $50,000 a year for 4 years, but could not renegotiate the contract until he graduated from the orthodontic residency and arrived at his new duty station at Fort Hood.  He was told this via email from the Chief, Graduate Dental Education.  This was confirmed by the Deputy Chief, Dental Corps, U.S. Army Human Resources Command (HRC), and by special pay technicians at Tripler Army Medical Center and Fort Hood.

	b.  The special pay technician at Fort Hood said he could not begin his contract until he had in-processed at Fort Hood.  He contends that he was never informed that the DOMRB contracts could be postdated by 90 days if you are in the unit’s MODS system, but can only be backdated by 30 days from the date of signature.  He could have signed a renegotiated contract with the special pay technician at the AMEDD student detachment, but he was never told he could do so.

	c.  He graduated from orthodontic residency on 29 June 2012 and signed out of the AMEDD Student Detachment.  He went on leave and signed into Fort Hood on 16 July 2012.  It took him about 10 days to complete post and unit in-processing.  When he registered in the MODS system at Fort Hood, he tried to begin his contract.  The special pay technician did not know he could backdate his contract to his graduation date from residency.  He had to receive clarification via email from OTSG that he could change the effective date of the contract to 
1 July 2012.  After receipt of clarification from OTSG, he tried to sign his renegotiated DOMRB with the 1 July 2012 date.  However, the MODS system was down and he was not unable to sign the contract until 13 August 2012.  After receiving his commander’s signature, the contract was sent to OTSG on 
20 August 2012 via email.

	d.  No record of the contract could be found at OTSG.  The renegotiated DOMRB never processed and was ultimately found to be backdated more than 30 days after his pay inquiry.  Had this contract been processed in a timely manner, it would have been immediately returned for having a non-allowed back date and an exception could have been written based on his permanent change of station and the MODS system being down for over 2 weeks.

	e.  He delayed inquiring about his contract because he was told by his command that there were many problems at the end of fiscal year 2012 with special pays and not to check on his specific payment until 90 days after submission he had not yet been paid.  He was paid his current contract payment of $35,000, but was awaiting the $15,000 renegotiated difference.  Subsequently, OTSG sent an email stating that all payments should be received by 7 December 2012.  After not receiving his payment by 7 December 2012, his command sent an inquiry to OTSG.  He was contacted on 17 December 2012, by the Dental Corps Staff Officer at OTSG.  He was informed that his renegotiated contract was not valid because of the extended backdate and could no longer be corrected because the date was during the previous fiscal year.

	f.  His options were to sign a new renegotiated contract and then petition the Army Board of Corrections of Military Records to correct the date.  He was able to sign a new renegotiated DOMRB on 26 December 2012 with an effective date of 1 October 2012.  The OTSG made an exception for the 30-day backdate policy, but could only go back as far as the beginning of fiscal year 2013.  He now petitions the Board to change the effective date of the contract for his current DOMRB from 1 October 2012 to 1 July 2012.

3.  The applicant provides copies of:

* renegotiated request for DOMRB effective 30 June 2012
* request for DOMRB effective 1 October 2012
* All Army Activities (ALARACT) Message 368/2010, P061820Z December 2010
* email communications, dated between February and December 2012

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was serving in the Regular Army as a major in the Dental Corps.

2.  In the processing of this case, an advisory opinion was obtained from the Chief, AMEDD, Special Pay Branch, OTSG.  The opinion stated that the applicant is requesting a change in the effective date of his current 4-year DOMRB contract.

	a.  He attempted to execute the DOMRB contract upon graduation from residency training but due to misguidance from the supporting personnel, he was not able to execute the contract until after the window of submission had closed.

	b.  Current policy requires contracts to be prepared via the MODS special pay module.  The contract must be executed by signature up to 90 days in advance or within 30 days after the effective date; otherwise, the effective date must be reestablished as the date of signature.  All contracts executed outside of the policy for signature date or received outside of the funded fiscal year, are returned without action.

	c.  The advisory opinion further stated that the earliest the applicant would have been eligible for the new specialty and higher 4-year rate DOMRB contract at $50,000 per year was 1 July 2012.  This was the day after his official graduation from the residency training program.

	d.  The extenuating circumstances presented by the applicant could have resulted in the contract being executed outside of the policy timeframe.

	e.  Providing the applicant the benefit of the situation, he would have been eligible to change the effective date of the 4-year DOMRB contract at $50,000 per year from 1 October 2012 to 1 July 2012.  This is a change in effective date and obligation period only.  His next anniversary payment would be due 1 July 2013.

	f.  The retroactive date change causes an overlap with the previous DOMRB of $35,000 per year for the period from 1 July 2012 to 30 September 2012. Accordingly, a recoupment of approximately $8,750.00 would now be required.

	g.  In accordance with Army Regulation 37-104-4 (Military Pay and Allowances Policy) settlement actions resulting from a correction of records by the Army Board for Correction of Military Records may only be made by the Director, Defense Finance and Accounting Service (DFAS).

3.  On 24 May 2013, a copy of the advisory opinion was sent to the applicant for his information and opportunity to rebut.  On 5 June 2013, his reply was received wherein he stated that he desired to have the recommendation in the advisory opinion adopted in whole.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his current DOMRB contract should be changed by showing the effective date as 1 July 2012.

2.  The available evidence clearly shows that due to a misunderstanding of the policies, the applicant's current DOMRB contract does not contain the proper effective date.

3.  In accordance with the recommendation from the OTSG, it would be appropriate to correct the applicant's current DOMRB that has an effective date of 1 October 2012, to show an effective date of 1 July 2012.

4.  Because the applicant has most likely received payments authorized by his previous DOMRB that was effective from 1 July to 30 September 2012, it would be appropriate to make the necessary pay adjustments based on the effective date change for the current DOMRB.



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.  changing the effective date on the applicant's current DOMRB contract from 1 October 2012 to 1 July 2012; and

	b.  making the appropriate pay adjustments based on the change of the effective date for the current DOMRB contract.



      _______ _  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)                                         AR20130001149





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ABCMR Record of Proceedings (cont)                                         AR20130001149



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