IN THE CASE OF:	  

		BOARD DATE:	  18 June 2013

		DOCKET NUMBER:  AR20120016205 


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 his 1-year Registered Nurse Incentive Special Pay (RNISP) contract effective 5 October 2010 at $5,000/year to show it was approved and processed in a timely manner.  In addition, the applicant requests his active duty service obligation (ADSO) be adjusted to reflect the initial signature date of 20 October 2010.

2.  The applicant states he signed his 1-year contract on 20 October 2010.  He was later deployed to Afghanistan.  He trusted his S-1 to ensure his contract was prepared in the correct format and free of errors, and he was unaware that a secretary mistakenly placed an extra zero in paragraph 3, line (a) of his contract. On 5 May 2011, his branch manager informed him that he had to correct the effective date of his contract and he was instructed to resubmit the document.  He corrected the contract as requested and resubmitted it back to his branch manager the same day from Afghanistan.  He later decided to change his active duty commitment to an additional 4-year commitment, in order to focus on the mission by adjusting his ADSO as well as the bonus incentive.

3.  The applicant provides his request for the RNISP, nursing license, adult critical-care nursing certification, and copies of e-mail traffic regarding application procedures for the ISP.


CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the Regular Army in the rank/grade of captain (CPT)/O-3 in the Army Nurse Corps (ANC).  

2.  A typed memorandum, dated 20 October 2010, from the applicant to the Office of the Surgeon General (OTSG) shows he requested a contract for 1-year of continued active service in the amount of $5,000 and that he agreed to serve effective "201001005."  

3.  A corrected handwritten memorandum, dated 20 October 2010, from the applicant to the OTSG shows he corrected the effective date of his contract for 
1 year of continued active service to read "20101005."

4.  Orders Number TR-321-002, dated 17 November 2011, issued by Headquarters, Tripler Army Medical Center, HI, show the applicant was deployed to Afghanistan on 8 January 2011 in support of Operation Enduring Freedom.  He departed Afghanistan on 7 July 2011.

5.  A memorandum, dated 20 September 2011, from the applicant to the OTSG shows he requested a contract for 4 years of continued active service in the amount of $20,000 and that he agreed to serve effective "20110822."  

6.  In the processing of this case, on 28 February 2013, an advisory opinion was obtained from the Chief, Army Medical Department Special Pay Branch, OTSG, which recommended approval of the applicant's request.  The official stated:

	a.  Current policy requires contracts to be prepared via the Medical Operational Data System special pay module, and executed by signature up to 90 days in advance or within 30 days after effective date:  Otherwise, the effective date must be reestablished as date of signature.  The applicant supplied a 1-year RNISP contract effective "201001005" and the signature date is "20121020."  This effective date was read as "1 Jan 10"; therefore, all contracts executed outside of the policy for signature date or received outside the funded fiscal year are returned without action.

	b.  A review of the available officer special pay and finance data indicates that the applicant had executed, processed, and was paid a 4-year RNISP contract at $20,000/year effective "20110822 - 20150821."  There are no other RNISP contracts recorded.

	

	c.  The official further stated based on the extenuating circumstances of deployment and lack of clerical correction, the requested 1-year RNISP contract at $5,000/year effective "20101005 - 20111004" should have been corrected for processing.  

	d.  Since a 4-year RNISP contract at $20,000/year effective "20110822 - 20150821" was processed, officer is only eligible for a prorated 1-year contract at $5,000/year effective "20101005 - 20110821."  Approximate prorated amount is $4,111.

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

DISCUSSION AND CONCLUSIONS:

1.  The advisory opinion stated the applicant was eligible for a 1-year RNISP contract at $5,000/year effective 5 October 2010 - 21 August 2011.  It further stated based on the extenuating circumstances of deployment and lack of clerical correction, the requested 1-year RNISP contract should have been corrected for processing.  

2.  It would be equitable to correct the applicant's records to show a 1-year RNISP contract at $5,000/year effective 5 October 2010 was processed and approved in a timely manner, with a prorated payment for the period 5 October 2010 - 21 August 2011.

3.  With respect to the applicant's request that his ADSO be adjusted to reflect the initial signed date on 20 October 2010, his approved 1-year contract period correctly shows 5 October 2010 - 21 August 2011 and his processed 4-year contract period shows 22 August 2011- 21 August 2015.  There is no gap or overlap with either of these periods; therefore, there is no need to adjust either of the contract periods.

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:
	
	a.  showing the applicant requested a 1-year RNISP contract effective 
5 October 2010;

	b.  showing the applicant's request was received and processed by the appropriate officials in a timely manner; and

	c.  having the Defense Finance and Accounting Service pay him $5,000 prorated for the period 5 October 2010 - 21 August 2011.   

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 to adjusting his ADSO to reflect the initial contract signature date of 20 October 2010.



      _______ _   _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)                                         AR20120016205



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ABCMR Record of Proceedings (cont)                                         AR20120016205



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