BOARD DATE: 10 December 2015 DOCKET NUMBER: AR20150014184 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 correction of the effective date on her Dental Additional Special Pay (DASP) agreement to coincide with her date of entry on active duty of 13 August 2014. 2. The applicant states her DASP contract does not reflect her active duty entry date. There was a misunderstanding that she had to complete the Basic Officer Leadership Course (BOLC) in order to initiate her DASP contract. 3. The applicant provides: * Pennsylvania Department of State verification of license credentials printout * orders * USAREC Form 1131 (Department of the Army Service Agreement, F. Edward Herbert Armed Forces Health Professions Scholarship Program) * memorandum, subject: Appointment as a Reserve Commissioned Officer of the Army Under Title 10, USC 12202 and 12203 CONSIDERATION OF EVIDENCE: 1. The applicant was appointed as a Reserve commissioned officer on 28 October 2010. The applicant is currently serving on active duty in the rank of captain. 2. U.S. Army Human Resources Command Orders A-04-403587, dated 18 April 2014, ordered her to active duty for the purpose of fulfilling her active duty requirement in a voluntary indefinite status with a reporting date of 4 August 2014. 3. A Pennsylvania online licensing printout shows she was issued a dentist license on 10 September 2014. 4. In the processing of this case, on 19 October 2015, an advisory opinion was obtained from the Chief, Army Medical Department Special Pay Branch, Office of The Surgeon General. The advisory official states: a. The applicant is requesting an initial one-year DASP contract effective 13 August 2014 through 12 August 2015. The applicant bases her request on incorrect counseling that she needed to graduate from BOLC in order to execute the DASP. Graduating from BOLC is not a requirement for this contract. b. A review of the her available military personnel, finance, and special pay files indicates her entry date on active duty as 13 August 2014 and her initial license as a dentist effective 10 September 2014. The applicant executed a one-year DASP contract at $10,000 effective 1 October 2014 through 30 September 2015. c. Although the current DASP contract effective date is on the cycle executed by the applicant, she did have improper counseling regarding the BOLC requirement. However, the DASP contract does require the effective date to be no earlier than the date the officer was both on active duty and licensed as a dentist. The applicant was licensed as a dentist on 10 September 2014. d. The official recommended the current one-year DASP contract effective 1 October 2014 through 30 September 2015 be adjusted to 10 September 2014 through 9 September 2015. This is only a date change and there is no payment due. 5. The applicant was provided a copy of the advisory opinion for review and comment. She did not provide a response. 6. Title 37, U.S. Code, section 302, states that an officer who is an officer of the Medical Corps of the Army or the Navy or an officer of the Air Force designated as a medical officer and who is on active duty under a call or order to active duty for a period of not less than 1 year is entitled to special pay in accordance with this subsection. DISCUSSION AND CONCLUSIONS: The applicant entered active duty on 13 August 2014 and was licensed on 10 September 2014. Although she executed her one-year DASP contract effective 1 October 2014, it appears the agreement effective date was based on improper counseling and should have been effective not earlier than the date she was both on active duty and licensed as a dentist, 10 September 2014. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF _____X___ ____X____ ____X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting the applicant’s DASP contract for the period 1 October 2014 through 30 September 2015 to reflect the period10 September 2014 through 9 September 2015. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains correcting her DASP contract to reflect an effective date of 13 August 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) AR20150014184 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150014184 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1