PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  22 February 2001
	DOCKET NUMBER:  AR2000045900

	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	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Ted S. Kanamine		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 she be allowed to execute a new Dental Additional Special Pay (DASP) contract effective 13 July 2000.

3.  The applicant states that she believed that she had the necessary 10 years of service as of 1 July 2000, when she signed her last DASP contract.  She did not know, nor was she informed, that her 10 years was not effective until 13 July 2000.  She provides a copy of the current contract and the one that she would like to have the Board accept.

4.  The applicant’s military records show that she entered active duty as a Dental Corps captain effective 13 July 1990.  She was promoted to major effective 30 September 1995.

5.  On 7 June 2000 the applicant executed a 1-year active duty service agreement and authorization for DASP.  The contract states that it is to be effective on 1 July 2000 and, upon the effective date, she has completed 10 years of creditable service.  The contract was processed without any changes and the applicant was paid the DASP amount authorized for officers with less than 10 years of creditable service.

6.  In the processing of this case an advisory opinion was provided by the Army Medical Department, Special Pay Branch.  The opinion notes that her contract is without error and she was paid the authorized amount ($6,000) effective on 1 July 2000 for officers with 3 but less than 10 years of creditable service.  They also note that she would have been eligible for a DASP payment of $15,000 effective 13 July 2000.

7.  In her rebuttal to the advisory opinion the applicant notes that it had been common practice for DASP contracts to be executed effective 1 July, upon completion of residency programs.  It was strictly a clerical error that the contract was not to be effective on 13 July 2000, the date she completed 10 years of creditable service.

8.  The FY2000 Dental Corps officer special pay rates were provided in a 21 September 1999 message.  The message states that DASP is paid annually to Dental Corps officers contingent upon execution of a legally binding written agreement to remain on active duty for 1 year on the effective date of the agreement.  The DASP annual rate is show as $6,000 for 3 but less than 10 years creditable service and $15,000 for 10 or more years creditable service.

CONCLUSIONS:

1.  Notwithstanding that the applicant should have known when she would reach 10 years of creditable service for DASP purposes, she completed the contract stating that she would have 10 years of creditable service effective 1 July 2000.  This error was never detected or corrected during the approval and processing of her request.

2.  It appears to the Board that it would be in the interest of justice to allow the applicant to process a new DASP contract, with an effective date of 13 July 2000, and that she be entitled to the DASP amount authorized for 10 years or more of creditable service.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case for the individual concerned be corrected by:

	a.  voiding her DASP contract with an effective date of 1 July 2000; and

	b.  processing her new DASP contract with an effective date of 13 July 2000 and, if approved, paying her the appropriate monies due based on the new contract.

BOARD VOTE:  

__ro____  __sk___  ___tk_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond V. O’Connor, Jr.____
		        CHAIRPERSON

INDEX

CASE ID	AR2000045900	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010222	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.