PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           5 October 2000                   
	DOCKET NUMBER:   AR2000043267

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Jaime Perez		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that he be allowed to renegotiate his 4-year Dental Officer Multiyear Retention Bonus (DOMRB) retroactive to 1 October 1999.

3.  The applicant states that the option to renegotiate a DOMRB was not disseminated with the messages sent to the field in late 1998.  He only recently found out about the option.

4.  The applicant’s military records are not available.

5.  In the processing of this case, an advisory opinion was obtained from the Army Medical Department (AMEDD) Special Pay Branch (SEE ATTACHED).  The opinion noted that the information regarding renegotiation of the DOMRB was issued in worldwide Department of the Army message 211017Z September 1999, Subject:  Fiscal Year 2000 Army Dental Corps Officer Multiyear Retention Bonus (DOMRB) Pay Policy, Plan and Rates.  The wording was “Subject to acceptance by the Secretary of the Military Department concerned (or designee), a dental officer with an existing DOMRB service agreement may terminate that agreement to enter into a new DOMRB service agreement at the annual rate in effect at the time of execution of the new agreement.  The length of the new DOMRB agreement period must be equal or longer than the original obligation period specified in the DOMRB agreement being terminated.  Any unearned portion of the terminated agreement shall be recouped.”

6.  The applicant had apparently initially negotiated a DOMRB effective                1 October 1998 for 4 years at $12,000 per year.  The advisory opinion recommended that the applicant prepare and execute a renegotiated 4-year DOMRB effective 1 October 1999 – 30 September 2003 for $12,000 per year.  
It was also recommended that the Defense Finance and Accounting Service (DFAS) change the effective date of his future installments as outlined in the opinion – second installment of $12,000 due 1 October 2000 (and presumably recently paid as an installment under his initial DOMRB); third installment of $12,000 due 1 October 2001; and fourth installment of $12,000 due 1 October 2002.

7.  A copy of the advisory opinion was provided to the applicant.  He responded on 3 October 2000 by concurring with the opinion.

CONCLUSIONS:

1.  Under new guidelines, the applicant could have renegotiated his 4-year DOMRB effective 1 October 1999, thereby carrying his DOMRB through            30 September 2003, with a $12,000 payment for each year.

2.  In view of the foregoing and in accordance with the advisory opinion, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the applicant renegotiated his DOMRB effective           1 October 1999 through 30 September 2003 for $12,000 per year. 

2.  That DFAS change the effective date of the applicant’s DOMRB to show installments due on 1 October 2000 (if not already paid), 1 October 2001, and     1 October 2002.

BOARD VOTE:  

__slp___  __eja___  __jp____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Shirley L. Powell
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000043267	
SUFFIX		
RECON		
DATE BOARDED	20001005	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.00	
2.		
3.		
4.		
5.		
6.