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