PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:              12 April 2000
	DOCKET NUMBER:      AR1999033794

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. James P. Steuve		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 his records be corrected to show that he renegotiated for the higher Dental Additional Special Pay (DASP) on 18 November 1997.

3.  The applicant states that from September 1997 to February 1998 he was experiencing life threatening medical problems related to a ruptured brain aneurysm that occurred in September 1997.

4.  In support of his request the applicant submits his physical profile which shows that he suffered from a ruptured brain aneurysm.

5.  The applicant’s military records were not provided to the Board.

6.  In the processing of this case an advisory opinion was obtained from the Office of The Surgeon General (OTSG).  The OTSG stated that the applicant failed to renegotiate his DASP by the cutoff date of 31 March 1998 to have the new DASP to take affect on 18 November 1997 due to extenuating circumstances involving his health.  The OTSG recommends approval of the applicant’s request.

CONCLUSIONS:

1.  It is totally understandable that the applicant was more concerned about his health than managing his career at the time that he had to renegotiate his DASP. 

2.  Based on the severity of the applicant’s medical condition at the time he had to renegotiate his DASP, the Board is of the opinion that it would be in the interest of justice to correct his records to show that he renegotiated his DASP in a timely fashion.

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 be corrected by:

	a.  showing that the individual concerned renegotiated his DASP to the higher $15,000.00 amount on 18 November 1997; and

b.  paying to him the back pay this correction will necessitate.

BOARD VOTE:  

__rgh ___  __bje ___  ___jps___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Robert G. Hinkle________
		        CHAIRPERSON

INDEX

CASE ID	AR1999033794	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000412	
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.	128.06	
2.		
3.		
4.		
5.		
6.