RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            15 APRIL 2004                  
	DOCKET NUMBER:   AR2003093214

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests approval of a renegotiated Dental Officer Multi-year Retention Bonus (DOMRB) of $14,000.00 a year through the end of fiscal year 2005 (30 September 2005).  

2.  The applicant states that because of time restraints and personnel actions, the window for consideration of [his request] for renegotiation of a four-year continuation bonus passed and the action was denied.  Because of his retirement date of 1 September 2005 he could not renegotiate a four-year multi-year retention bonus in 2001, which would have run through 1 October 2005.  He was instructed to apply for a one-month extension of service to coincide with the fiscal year.  He did this in the spring of 2001 in anticipation of renewal in October 2001. He was informed that because of the 9-11 crisis and other restraints, his request was delayed.  His application was recently approved; however, it is now too late for approval of a four-year multi-year bonus.  Since he has adjusted his service commitment in good faith to coincide with necessary requirements of the multi-year bonus, he requests award of the bonus for fiscal year 2005.  His current bonus ends on 1 October 2004.

3.  The applicant provided no evidence.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is a Dental Corps officer, currently assigned to Fort Carson, Colorado.    

2.  Orders published by the Total Army Personnel Command (PERSCOM) on    15 April 2003 show that the applicant was recalled to active duty from a retired status for one month with a reporting date to the Dental Activity at Fort Carson of 1 September 2005.  

3.  Orders published by PERSCOM on 14 April 2003 show that the applicant was relieved from active duty and retired effective on 1 October 2005.

4.  In the processing of this case an advisory opinion was obtained from the Chief, AMEDD (Army Medical Department) Special Pay Branch, Office of The Surgeon General.  That official stated that the applicant's MRD (mandatory removal date) was 31 August 2005, precluding him by one month from fulfilling the requested DOMRB contract active duty obligation.  He stated that the applicant requested an extension of one month in a timely manner; however, his request was only recently approved.  He stated that procedures and policy do not allow an officer to execute and receive payment for the DOMRB until he has an approved extension for the fulfillment of the contract period.  Because of the delayed approval, the authorized time frame to effect a change with the Defense Finance and Accounting Service (DFAS) has been exceeded.  He recommended that the applicant receive the renegotiated four-year DOMRB effective 1 October 2001 through 30 September 2005 at $14,000.00 a year, and that DFAS effect the change.  The applicant concurred with the advisory opinion.   

5.  Dental Officer Multiyear Retention Bonus (DOMRB) is paid to Dental Corps  officers possessing a current, unrestricted license (or approved waiver), based on their specialty and execution of contract.  Officer must have eight years of creditable service from HPPED (Health Professions Pay Entry Date) - or - completed all active duty obligations (ADO) for education or training.  A two, three or four year active duty obligation is incurred based upon executed contract.  The DOMRB obligation runs concurrently with the DASP (Dental Additional Special Pay), but is in addition to all education or training obligations.  It is paid as a lump sum after taxes, based upon rate for specialty and length of contract, and is payable annually on the anniversary date.  If the DOMRB rate increases, the officer has the opportunity to renegotiate the contract in order to receive the higher rate.  An officer with an existing DOMRB agreement who wants to renegotiate the agreement to receive a new higher DOMRB rate must have the ongoing DOMRB agreement terminated prior to the effective date of the future DOMRB agreement.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for extension beyond his MRD was delayed through no fault of his own; consequently, he could not renegotiate his DOMRB through the end of fiscal year 2005.  His request for extension has now been approved.      
2.  Therefore, the applicant's records should be corrected to show execution of the renegotiated four year DOMRB agreement effective on 1 October 2001 through 30 September 2005 at $14,000.00 a year.  

BOARD VOTE:

__JNS___  __JPI __  __RKS  __  GRANT 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 execution of the renegotiated four year DOMRB agreement effective     1 October 2001 through 30 September 2005 at $14,000.00 a year. 

		____ John N. Slone______
		        CHAIRPERSON

INDEX

CASE ID	AR2003093214	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040415	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	112.11	
2.		
3.		
4.		
5.		
6.