MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           3 May 2000                  
	DOCKET NUMBER:   AR1999032173

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Ernest W. Lutz, Jr.		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 he be entitled to a dental specialty bonus.  

APPLICANT STATES:  That he applied for the dental specialty bonus (3 years) in good faith.  He was told that he had to be a Regular Army (RA) officer [to obtain the bonus] in order to serve until age 62.  He applied for an RA appointment and was recommended for the appointment by a board.  However, he must wait for congressional approval (a mere formality) in order to obtain the bonus.  Congressional approval may not occur until after his 60th birthday, resulting in no retention and no bonus. 

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

The applicant requested the dental officer multiyear retention bonus (DOMRB) under the provisions of the DA message authorizing that bonus.  In his request for this bonus, he indicated that the effective date of the contract was                   1 October 1998 for 3 years of continuous service (obligation) beginning on          1 October 1998.  He signed the request on 13 April 1999, and it was approved by the commander of the USA DENTAC at Fort Knox, Kentucky.

A 13 August 1999 Total Army Personnel Command memorandum indicates that the applicant was selected for RA integration.  That memorandum stated that officers recommended for integration must be nominated by the President and confirmed by the Senate before their appointment in the Regular Army could be consummated, a procedure that normally takes 8 to 10 months from date of release of the recommended list.  Once Senate confirmation is received, a Regular Army order is published with specific instructions for consummating their appointment.

DA messages prescribes policy governing four special pays for active duty Dental Corps officers, one of which is the DOMRB, a discretionary pay.  There are certain eligibility criteria for this bonus, and this pay requires a legally binding written agreement entailing an active duty obligation (ADO).  The effective date for individual dental officers will be the date of execution of the written DOMRB service agreement.  A 3 year obligation [in the applicant’s specialty] would entail a bonus of $8,000 a year.  New entrants or entrants into the DOMRB program must be approved by OTSG for participation in the program.  Approval authority rests with the Surgeon General (TSG) and may not be delegated to an officer below the grade of brigadier general.  An agreement may not extend beyond a legislated mandatory separation or retirement date for age or service, unless subject officer’s separation or retirement has been deferred in advance of agreement execution, or the officer is in a retired recall status.  If such an erroneous agreement is made it is subject to full recoupment.  The officer must sign the agreement not later than 30 days following the entitlement date indicated on the medical occupational data system (MODS) eligibility roster or not later than 30 days following the date of the roster, whichever is later.  Agreements signed after that date will be effective on date of signature.  The office of the Surgeon General will verify DOMRB agreements approved by the officer’s commander for eligibility and correct dates and authorize release for payment.  The amount will be paid in equal annual installments.  The initial annual installment will be paid as soon as possible after acceptance by the Army of the DOMRB agreement.    

In the processing of this application an advisory opinion (COPY ATTACHED) was obtained from the Chief of the AMEDD Special Pay Branch in the Office of the Surgeon General.  That officer stated that the applicant’s mandatory removal date (MRD) was 18 March 2000, his 60th birthday, and he would not be on active duty long enough to fulfill the requested DOMRB contract active duty obligation. 
Upon consummating his RA appointment he would be able to fulfill his requested DOMRB contract; however, should he decline the RA appointment, then the contract would have been executed under erroneous and/or fraudulent conditions.  His current MRD did not allow him to complete the contract active duty obligation.  That official recommended that the applicant’s request be denied.

Information obtained from the aforementioned official on 10 April 2000 revealed that on 15 February 2000, the ASA (M&RA) had extended the applicant’s MRD until 1 October 2000.  That person also revealed that the applicant had never submitted the requested contract to the office of the Surgeon General, and consequently did not have the approval of that agency for entry into the DOMRB program – that his only contract submission was to this Board.

In his rebuttal (COPY ATTACHED) to the advisory opinion, the applicant took exception to the statement that he might decline the RA appointment, stating that any logical, fair-minded person could see that he would gain no benefit in declining RA acceptance or departing active duty after such a meager, shortsighted financial gain.  He stated that he was offended logically, ethically, and morally by such a supposition.
  
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(s), it is concluded:

1.  The applicant signed the contract for entry into the DOMRB program on        13 April 1999, less than one year prior to his then MRD of 18 March 2000.  He was not eligible for entry into the program. 

2.  Nevertheless, had he been eligible, the applicant has not obtained approval by the Surgeon General for participation in the program.

3.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

4.  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 the aforementioned requirement.
 
5.  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

___ewl__  ___rvo___  ___jhk___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999032173	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000503	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  297	128.06	
2.		
3.		
4.		
5.		
6.