IN THE CASE OF:
BOARD DATE: 24 October 2013
DOCKET NUMBER: AR20130014601
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, in effect, correction of his military records to show he contracted for Dental Additional Special Pay (DASP) with an effective date of
1 July 2012 and 1 July 2013.
2. The applicant states, in effect, that he has contracted for the past 23 years his DASP with an effective annual date of 1 July. However, because of a mistake by his personnel officer, which he missed, his effective date for DASP in 2012 and 2013 was established as 12 October. He is, in effect, requesting that both contracts be backdated, each with an effective date of 1 July for the years 2012 and 2013.
3. The applicant provides copies of a:
* memorandum, subject: Request for DASP, effective 1 July 2010
* memorandum, subject: Request for DASP, effective 1 July 2011
* memorandum, subject: Request for DASP, effective 12 October 2012
* memorandum, subject: Request for DASP, effective 12 October 2013
CONSIDERATION OF EVIDENCE:
1. At the time of the applicant's application, he was serving in the Regular Army as a colonel, pay grade O-6, at Fort Belvoir, Virginia.
2. The applicant signed contracts for:
a. DASP for one continuous year effective 12 October 2012; and
b. DASP for one continuous year effective 12 October 2013.
3. In the processing of this case, a staff advisory opinion was obtained from the Chief, Army Medical Department, Special Pay Branch, Office of The Surgeon General (OTSG).
a. The opinion stated that a review of the applicant's military pay file shows a history of 1-year DASP contracts at $15,000/year with effective dates of 1 July each year. The subject contract for 2012 shows an effective date of 12 October 2012.
b. The applicant must bear responsibility for his part of the contract preparation, to include inquiry as to eligibility, requesting a contract to be initiated and executing the contract by signature up to 90 days in advance or within
30 days after the effective date; otherwise, effective date must be reestablished as date of signature. All contracts outside of the policy for signature date or received outside of the funded fiscal year, are returned without action.
c. The advisory opinion recommended that the applicant's DASP contract be changed to show an effective period from 1 July 2012 to 30 June 2013. The OTSG noted that this was only a change in dates which did not affect the amount of payments.
d. The advisory opinion fails to discuss the applicant's DASP contract for 2013.
4. On 26 September 2013, a copy of the advisory opinion was forwarded to the applicant for his information and opportunity to respond. No response was received.
DISCUSSION AND CONCLUSIONS:
1. The opinion rendered by the OTSG clearly states the applicant had historically contracted each year for a DASP effective on 1 July of each year. Accordingly, it recommended that his contract for 2012 be corrected to show that he had done likewise. Accordingly, the dates of his 2012 contract should be adjusted to show the effective period as 1 July 2012 to 30 June 2013.
2. Furthermore, the applicant's follow-on DASP contract for 2013 should also be corrected to show his effective period as 1 July 2013 to 30 June 2014.
3. There is no change in the payment amounts because the contracts remain in effect for the same length of time. This change prevents the applicant from losing pay for the period 1 July to 11 October in the years 2012 and 2013.
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 showing the applicant entered into DASP contracts for the periods
1 July 2012 to 30 June 2013 and for 1 July 2013 to 30 June 2014.
_______ _ _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) AR20130012336
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130014601
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120006796
The applicant requests his Dental Additional Special Pay (DASP) date be changed from 1 October to 1 July of each year. The applicant states his DASP date should correspond with the date of entry on active duty. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Correcting the initial annual DASP agreement for the period 1 October 2010 - 30 September 2011 to reflect 7 July 2010 - 6 July 2011 * Correcting his subsequent...
ARMY | BCMR | CY2014 | 20140010279
The applicant states he did not receive any special pay for this time period but continued to work as an active duty dentist at Fort Knox until his medical retirement on 20 June 2014. There is no record of a prepared, executed, approved, processed, or paid HPOIP contract at $20,000/year payable $1,666.66/month effective for any period after 20130610. c. Since he was scheduled for release from active duty on 20131210, he was ineligible for the Fiscal Year 2013 (FY13) HPOIP contract which...
ARMY | BCMR | CY2013 | 20130007478
Therefore, a re-negotiated DOMRB contract could be effective on 20 April 2013, 4 years prior to his MRD. e. The applicant may not have gotten timely information regarding the effective date of his re-negotiated DOMRB contract because there was no system-requested calculation of his MRD. The applicant may not have gotten timely information regarding the effective date of his re-negotiated DOMRB contract because there was no system requested calculation of his MRD.
ARMY | BCMR | CY2013 | 20130011600
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. 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. 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.
ARMY | BCMR | CY2013 | 20130011849
The applicant states he was eligible for the ISP that required his signature on the contract for the period 1 October 2012 through 30 September 2013. He signed the ISP contract on 17 June 2013 and he is now submitting the signed contract to receive the ISP for the period 1 October 2012 through 30 September 2013. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * showing he timely submitted a 1-year ISP contract at...
ARMY | BCMR | CY2013 | 20130012336
c. Although the applicant was eligible for the 1-year ISP contract at $20,000 and the 1-year MASP contract at $15,000, both with the same effective dates, he indicates he was deployed and not able to request and execute his contracts by signature in a timely manner. d. The advisory opinion recommended that the applicant's ISP and MASP contracts be changed to show an effective period from 1 October 2012 to 30 September 2013. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2011 | 20110011398
This official confirms the applicant's initial and subsequent DASP agreement effective dates were the result of improper counseling and should have been effective on the date the applicant entered active duty. The applicant's request for correction of his DASP agreements to show an initial effective date coinciding with his commissioning date and adjustment of the subsequent agreement accordingly has been carefully considered and was found to have merit. As a result, the Board recommends...
ARMY | BCMR | CY2014 | 20140001789
The applicant requests that she be granted a Dental Additional Special Pay (DASP) contract retroactive to 2013. A staff advisory opinion was obtained from the Office of the Surgeon General (OTSG) which opines, in effect, that while the contract effective date is the date the officer executes the contract, the applicant was eligible for DASP at $15,000 per year during the period in 20130428 20140427 and it would have been approved; however, there was no evidence of the applicant submitting...
ARMY | BCMR | CY2012 | 20120020434
IN THE CASE OF: BOARD DATE: 15 October 2013 DOCKET NUMBER: AR20120020434 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing she was authorized HPOIP for the period 12 October 2011 through 11 October 2012, and b. paying her all back pay and allowances due as a result of this...
ARMY | BCMR | CY2013 | 20130012514
I received a response from OTSG, they stated that I would have to initiate a new contract with today's date as the effective date and the previous contract will have to be submitted for ABCMR [Army Board for Correction of Military Records]. According to the DOD Financial Management Regulation (DODFMR), Volume 7A, effective July 2011, the following definitions are made regarding amount of special pay for a Physician Assistant: * HPORB: $10,000.00 for 2 years, $15,000.00 for 3 years, and...