MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           11 April 2002                   
	DOCKET NUMBER:  AR2001061717

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

	Mr. Carl W. S. Chun		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Elzey J. Arledge, Jr. 		Member	
	Mr. Richard T. Dunbar		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS: That her records be corrected to show entitlement to Dental Additional Special Pay (DASP) for the period 1 July 1999 to 30 June 2000 and 1 July 2000 to 30 June 2001.

APPLICANT STATES: That there is no record of payment and that she failed to request these DASP contracts when they were due on 1 July 1999 and 1 July 2000.  Further, she states that she “was not aware that I had to request the DASP contracts on an annual basis. Due to my misunderstanding, I thought the DASP entitlement was an automatic allotment.”

EVIDENCE OF RECORD: The applicant's military records show:

Records show that during the periods 1 October 1996 to 30 September 1997 and 1 October 1997 to 30 September 1998, the applicant executed DASP contracts in the amount of $4,000 annually.

On 1 July 2001, she executed a contract lasting until 30 June 2002, in the amount of $6,000 annually.

On 15 August 2001, she initiated DASP contracts for the periods 1 July 1999 to  30 June 2000 and 1 July 2000 to 30 June 2001.

On 12 October 2001, the Chief, Army Medical Department (AMEDD), Special Pay Branch, Office of The Surgeon General opined that there was no other record of any other contract submissions other that those shown above.  The DASP requires contract execution and submission by the officer, through their chain of command, for payment.  Officers may keep their contract anniversary effective dates as long as the contract is signed no earlier than 90 days, but no later than 30 days from the effective date.  After that period, date of signature becomes the new effective date.  Contract execution rests with the requesting officer.  

This Board operates under the standard of presumption of regularity in governmental affairs.  The standard states, in effect, that in the absence of evidence to the contrary, the Board must presume that all actions taken by the military were proper.  There is nothing in the records or in the evidence submitted by the applicant that overcomes this presumption.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  The evidence of record clearly shows the applicant did not submit DASP contracts within the designated 90 days earlier and 30 days later than the effective date.  She made the application after signing her 2001 to 2002 DASP.
2.  The applicant’s claim that she “was not aware that I had to request the DASP contracts on an annual basis.  …  I thought the DASP entitlement was an automatic allotment” is greatly diminished, since she had previously executed two prior DASP contracts.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________ GRANT

________  ________  ________ GRANT FORMAL HEARING

_rtd____  __mkp__  __eja___      DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001061717	
SUFFIX		
RECON		
DATE BOARDED	20020411	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.19	
2.		
3.		
4.		
5.		
6.