MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            29 July 2003
	DOCKET NUMBER:   AR2003084472

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas E. O’Shaughnessy		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 paid a discretionary Dental Officer Multi-year Retention Bonus (DOMRB) for the period covering 1 July 2001 through 1 July 2002.

APPLICANT STATES:  That due to an oversight, he failed to apply for and to receive a DOMRB at the time that he was eligible.  He states that he is seeking to gain the entitled pay of $14,000.00 that would coincide with a 4-year agreement.  He states that he is now obligated to a 4-year DOMRB that began on 1 July 2002.  In support of his appeal, he submits a copy of a dental pay chart; a copy of a DOMRB chart; and a copy of an Officer Record Brief.

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

That he is currently assigned to Fort Hood, Texas, as a dental officer, serving in the rank of Major.

During the processing of this case an advisory opinion was obtained from the Army Medical Department (AMEDD) Special Pay Branch of the Office of the Surgeon General (Copy Attached).  The AMEDD opined that the applicant met the eligibility criteria on 1 July 2001, in accordance with Title 37, United States Code, of at least eight-years of creditable service from their Health Professions Pay Entry Date or has completed any active duty service commitment incurred for medical education and training.  The AMEDD further opined that the applicant did execute and is receiving a 4-year DOMRB at $14,000.00 per year for the period covering 1 July 2002 through 30 June 2006 and that the 1-year DOMRB contract is not authorized since discretionary DOMRB contracts are only authorized to 2-year, 3-year and 4-year contract lengths.  The AMEDD indicated that if the applicant was requesting a 2-year, 3-year or 4-year DOMRB contract, he must have executed the DOMRB contract no earlier than 90 days, but not later than 30 days of the effective date and that no extenuating circumstances are warranted to support a discretionary contract outside of established execution periods.  The AMEDD concluded its opinion by determining that the applicant does not meet contract execution criteria for the DOMRB. 

On 6 May 2003, a copy of the advisory opinion was forwarded to the applicant for his information and possible rebuttal.  As of this date, the applicant has not submitted any response to the advisory opinion. 

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.  A review of the available information shows that the applicant failed to meet the contract execution criteria for entitlement to a DOMRB for the period covering 1 July 2001 through 1 July 2002.  
2.  According to the AMEDD, the applicant is receiving a 4-years DOMRB, which began on 1 July 2002 and will end on 30 June 2006 and the 1-year DOMRB contract is not authorized since discretionary DOMRB contracts are only authorized in 2-year, 3-year and 4-year contract lengths.

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

__mkp___  ___wtm _  ___teo __  DENY APPLICATION

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

INDEX

CASE ID	AR2003084472	
SUFFIX		
RECON		
DATE BOARDED	2003/07/29	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  297	128.1400	
2.		
3.		
4.		
5.		
6.