IN THE CASE OF:	  

		BOARD DATE:	    5 December 2013

		DOCKET NUMBER:  AR20130011600 


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 a retroactive 1-year Dental Additional Special Pay (DASP) contract in the amount of $12,000.00 with a renegotiated time to fall more in line with the completion of his active duty service obligation.

2.  The applicant states:

	a.  On 16 April 2012, he signed a memorandum for $12,000.00 in bonus pay for 12 months of service.

	b.  He was not informed until 20 November 2012 that the contract, for unknown reasons, was never processed.

	c.  He was then told he should wait until his active duty service was completed to file the correct paperwork to have the situation remedied.

	d.  As he was beginning his out-processing in May 2013, he was told by several different individuals that waiting until the termination of his active duty status would not be in his best interest.

	e.  He submitted all of the relevant information, including the signed contract and corresponding emails between himself and officials.

	f.  The issue was investigated and he was told he should submit for a review before the end of his time on active duty.

	g.  In accordance with All Army Activities (ALARACT) Message 368/2010 paragraph 17.b, due to the fact his bonus amount went from $10,000.00 the previous year to $12,000.00 this year he was entitled to a renegotiation which would have brought his DASP contract date in line with the date of his termination from active duty status (15 July 2013).

	h.  He requested a renegotiation at the time he signed his contract and he was told that everything would be taken care of.

	i.  Not only did he qualify for the bonus at the time he signed a memorandum, but changes to the DASP meant he should have had the opportunity to renegotiate the time and the amount.

3.  The applicant provides:

* Request for DASP, dated 16 April 2012
* Email between him and Army officials
* Request for DASP, dated 3 August 2011

CONSIDERATION OF EVIDENCE:

1.  On 23 May 2006, the applicant accepted an appointment as a Reserve commissioned officer in the rank of second lieutenant.  

2.  As a result of award of entry grade credit for medical and dental officers, his rank was adjusted to captain.  On 29 May 2009, U.S. Army Human Resources Command (HRC) Orders A-05-915167 were published ordering the applicant to active duty, effective 3 August 2009.

3.  On 13 June 2009, the applicant executed his Oath of Office in the Regular Army in the rank of captain.

4.  On 2 October 2009, HRC Order Number 275-006 was published adjusting the applicant’s date of rank to captain to 15 June 2009.

5.  The available record shows the applicant signed contracts for DASP with effective dates of 30 July 2010 and 30 July 2011 in the amount of $10,000.00 each.

6.  The applicant submits a DASP contract, dated 16 April 2012, in the amount of $12,000.00.  The contract states the 1 year of continuous active duty that he agreed to serve would be effective 30 July 2012.  He also submits emails from Army officials informing him that his contract for July 2012 was never processed. In the emails, he was told he could not renegotiate the timeframe of his contract, due to a resignation, but he could still submit a request to the ABCMR to backdate his contract, due to an inability to renegotiate the DASP timeframe for a higher amount.

7.  The applicant was released from active duty (REFRAD) on 15 July 2013, due to the completion of his required active service.  He was transferred to the U.S. Army Reserve Control Group (Individual Ready Reserve).

8.  During the processing of this case an advisory opinion was obtained from the Department of the Army, Office of the Surgeon General, chief, Army Medical Department Special Pay Branch.  He states:

	a.  A review of the applicant's military personnel and finance files indicate the last 1-year DASP contract at a $10,000.00/year was effective 30 July 2011 through 29 July 2012.  

	b.  There are no new DASP contracts recorded.

	c.  The applicant was eligible to execute a 1-year DASP contract at $12,000.00, effective 30 July 2012 through 29 July 2013.

	d.  There is no policy, plan, or procedure that allows a DASP contract to be renegotiated to align with separation from the U.S. Army and by law, all DASP contracts obligate officers for a 1-year period.  There are no prorated contracts for a shorter period.

	e.  If the officer separates from the U.S. Army prior to the end of the 1-year DASP contract in the amount of $12,000.00, effective 30 July 2012 through 
29 July 2013, the officer would not be eligible for the payment.

	f.  If the officer remains on active through the period of the 1-year DASP contract in the amount of $12,000.00, the officer's request is supportable for the contract.

9.  By letter dated 8 July 2013, the applicant was furnished a copy of the advisory opinion for his information and/or possible rebuttal.  No response has been received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  The available evidence shows that the applicant's $12,000.00 DASP contract was not processed.  Even if it had been processed, the only effective date he could have received would have been 30 July 2012.  He could not have negotiated for any earlier date. 

3.  Although the dollar amount changed from the previous years, there is no policy, plan, or procedure that allows a DASP contract to be renegotiated to align with separation from the U.S. Army and by law, all DASP contracts obligate officers for a 1-year period.  There are no prorated contracts for a shorter period. His $12,000.00 DASP contract would have been effective 30 July 2012.  He was REFRAD on 15 July 2013, which is before he would have completed his 
1-year active duty obligation to successfully complete the terms of that contract.  

4.  In view of the foregoing, his request should be denied.

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.




      _______ _ 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)                                         AR20130011600





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ABCMR Record of Proceedings (cont)                                         AR20130011600



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