IN THE CASE OF:
BOARD DATE: 13 May 2014
DOCKET NUMBER: AR20130013591
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 that he be granted a renegotiated 4-year Dental Officer Multi-Year Retention Bonus (DOMRB) for the period 20111001 20150930.
2. The applicant states, in effect, that he submitted his request for a renegotiated DOMRB in October 2011. Due to unnecessary delays in processing his application it was not processed to completion and on 4 March 2013 the opportunity to renegotiate contracts was rescinded.
3. The applicant provides two pages explaining the timeline of events, his request for a waiver/exception to policy to renegotiate his contract, copies of emails, his extension of his mandatory release date (MRD), and his request for a renegotiated contract.
CONSIDERATION OF EVIDENCE:
1. After serving 5 years, 7 months, and 12 days of active service as a dentist in the Navy, the applicant accepted a U.S. Army Reserve commission as a Dental Corps major on 13 July 1998. He was ordered to active duty on 31 December 1998 and has remained on active duty. He was promoted to the rank of Regular Army Colonel on 1 October 2008.
2. The contract submitted by the applicant with his application requested a renegotiated 4-year contract effect 1 October 2011. His application was dated
31 October 2011.
3. In the processing of this case a staff advisory opinion was obtained from the Office of the Surgeon General (OTSG) which opines that the applicants supplied and command approved 4-Year DOMRB contract at $50,000 per year effective 20111001 20150930 should be accepted for processing and that his request for a renegotiated contract for the period 20121001 20160930 be denied. Officials also recommended that the applicant allow his current contract to continue to expiration and then execute a new 3-year contract that would yield him more money.
4. The advisory opinion was provided to the applicant for comment and he responded to the effect that he desired a renegotiated contract for the period 20121001 20160930.
5. On 4 March 2013, the Assistant Secretary of the Army for Manpower and Reserve Affairs announced that Army policy regarding the renegotiation of all Army Medical Department officer special pay contractual agreements was rescinded and all contracts pending would be returned without action.
DISCUSSION AND CONCLUSIONS:
1. While it is the officers responsibility to submit a contract within a timely manner, the approving authority has opined that his contract would have been approved had it been received.
2. Although the applicant now requests a renegotiated contract beginning 1 October 2012, his actual application was submitted and his chain of command recommended approval of a contract beginning in 2011.
3. Therefore, as a matter of equity, his original request for a 4-year renegotiated DOMRB contract for the period 20111001 20150930 should be approved.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ____X____ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he timely applied for and was granted a renegotiated DOMRB contract for the period 20111001 20150930 and paying him accordingly.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to granting him a renegotiated DOMRB contract for the period 20121001 20160930.
_______ _ _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) AR20130013591
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ABCMR Record of Proceedings (cont) AR20130013591
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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