RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 OCTOBER 2005
      DOCKET NUMBER:  AR20050003976


      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. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. James Gunlicks                |     |Member               |
|     |Ms. Jeanette McCants              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that he be permitted to receive the Certified
Registered Nurse Anesthetist (CRNA) Incentive Special Pay (ISP) amounting
to $20,000.00 per year for a 2 year agreement vice the $15,000.00 annual
payments based on his currently executed annual agreement.

2.  The applicant states, in effect, he had nearly 18 years of active
Federal service in January 2003 when he arrived for his overseas tour of
duty in Germany.  He notes that he was not told that as a result of his PCS
(permanent change of station) he would incur an active duty service
obligation of 36 months in order to complete a normal tour of duty in
Germany before he could apply for voluntary retirement.

3.  He states that when he submitted his request for voluntary retirement,
to be effective in August 2005, his request was denied because he had not
fulfilled his 36 month active duty service obligation (ADSO).

4.  The applicant states that had he known he would be required to continue
on active duty through January 2006 he would have opted for the 2 year ISP
agreement entitling him to the $20,000.00 annual incentive vice the 1 year
agreement entitling him to only a $15,000.00 incentive each year.

5.  The applicant notes that Army Regulation 350-100 specifically states
that officers on active duty will be informed of any ADSO incurred under
that regulation and that orders directing any event that results in an ADSO
will contain a statement to that effect.

6.  The applicant provides copies of his two 1 year ISP agreements, the
Department of the Army message announcing the increase in CRNA-ISP
entitlement, his request for voluntary retirement and denial, and extracts
from the various regulations supporting his contention that he should have
been told about the ADSO following his reassignment to Germany.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant was commissioned
as an Army Nurse in May 1985 and entered active duty on 24 July 1985.  He
has served on continuous active duty and completed anesthesia nursing
training in 1997.

2.  In January 2003 he was assigned as Chief, Nurse Anesthetist at the
Regional Medical Center in Landstuhl, Germany.

3.  Department of the Army Message 171000Z November 2003 announced the CRNA-
ISP policy, plan, and rates for nurse anesthetists for FY (fiscal year)
2004. The message noted that unobligated CRNA's could chose between an
annual agreement at the rate of $15,000.00 per year or opt for a 2 year
agreement at the rate of $20,000.00 per year.  The message noted that
participation the CRNA-ISP constituted a voluntary retention program and
precluded the release from active duty before fulfilling the term of
continuous active duty agreed to by execution of an agreement, even if that
agreement extended the officer beyond 20 years of active Federal service.
The payments are in lump sum amounts contingent upon the agreement
assigned.

4.  Documents provided by the applicant indicate that he elected to
participate in a 1 year agreement commencing on 24 January 2004 and
submitted his request for voluntary retirement in July 2004 to be placed on
the retired rolls effective 1 August 2005.  His request for retirement was
denied in September 2004 because the applicant's active duty service
obligation, resulting from his January 2003 PCS would not expire until
January 2006.

5.  Following his September 2004 denial of his voluntary retirement action,
the applicant then executed another 1 year, $15,000.00 CRNA-ISP agreement
with an effective date of 24 January 2005.

6.  In the processing of this application and advisory opinion was provided
by the Army Medical Department Special Pay Branch which noted that the
applicant was eligible for entry into a 2 year agreement under the CRNA-ISP
and that there was no reason to doubt that he would have taken advantage of
that eligibility had he been aware of this overseas tour obligation.  They
recommended the applicant's request be granted and that he be paid the
$10,000.00 difference between the $30,000.00 he would have been entitled to
under the two 1 year $15,000.00 agreements and the $40,000.00 he would have
been entitled to under the one 2 year agreement (computed at $20,000.00 per
each year of the 2 year agreement).

7.  The applicant was provided an opportunity to comment on the advisory
opinion but did not provide any comment.




DISCUSSION AND CONCLUSIONS:

1.  It is reasonable to concluded, based on the amounts of money involved,
that the applicant would have executed a 2 year CRNA-ISP agreement
commencing on 24 January 2004 if he were aware that he would not be able to
voluntarily retire in 2005 and would be required to remain in his overseas
assignment until completion of his regular overseas tour in January 2006.

2.  As such, in the interest of justice and equity, and in accordance with
the advisory opinion the applicant's request should be granted and his
records corrected accordingly.

3.  The applicant's records should be corrected to show that he executed a
2 year CRNA-ISP agreement to be effective on 24 January 2004 and by voiding
the two 1 year agreements.  With the correction of his records he would
then be entitled to the difference between the various agreements amounting
to a total of $10,000.00.

BOARD VOTE:

__JM____  __JG ___  __JM ___  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
voiding his two 1 year CRNA-ISP for one 2 year agreement effective 24
January 2004 with entitlement to monies associated with the difference
between the two 1 year agreements and the one 2 year agreement.




                                  ______ John Meixell________
                                            CHAIRPERSON
                                    INDEX

|CASE ID                 |AR20050003976                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051020                                |
|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.       |128.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]