IN THE CASE OF:
BOARD DATE: 2 May 2013
DOCKET NUMBER: AR20120021558
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 her military records to show authorization for incentive special pay (ISP) as a Registered Nurse for a 4-year period beginning 1 August 2012.
2. The applicant states she applied through her chain of command for this ISP in September 2012. On 13 November 2012, she received an email informing her she needed to change the effective date to 1 October 2012. Due to the new fiscal year, contracts can no longer be submitted into the Medical Operational Data System (MODS) for previous fiscal years. She was advised to either change the date or petition this Board. She contends that the 1 August 2012 date is correct and her ISP should begin on that date.
3. The applicant provides copies of:
* Request for Specialty Registered Nurse ISP, dated 6 September 2012
* Licensure Verification Search Results
* Prime Source Verification of Nursing License
* Certification credential for applicant during period from 18 July 2012 to 17 July 2017
* Email from the Medical Command concerning the applicant's three contracts, dated 14 September 2012
CONSIDERATION OF EVIDENCE:
1. At the time of her application, she was serving on active duty in the Regular Army as a first lieutenant, pay grade O-2, Army Nurse Corps.
2. In the processing of this case an advisory opinion was obtained from the Chief, Army Medical Department, Special Pay Branch. The opinion stated:
a. The applicant is requesting a 4-year Specialty Registered Nurse ISP (RNISP) contract at $20,000 per year for the period from 1 August 2012 to 31 July 2016.
b. The applicant's request was returned because it was submitted outside of the fiscal year.
c. Current policy requires contracts to be prepared via the MODS special pay module and executed by signature between the 90th day in advance of and the 30th day after the effective date.
d. The applicant's 4-year RNISP contract is effective 1 August 2012 and was signed on 6 September 2012. All contracts executed outside of the window policy for signature date or received outside of the funded fiscal year are returned without action.
e. A review of the applicant's personnel record revealed she has a Reserve OfficersÂ’ Training Corps (ROTC) obligation that does not expire until 13 October 2013. The eligibility criteria for a multi-year RNISP includes the requirement for the officer to have completed or be within 1-year of completion of their initial active duty obligation which includes obligations for ROTC. Therefore, the applicant is not eligible for a multi-year RNISP until 14 October 2012. The applicant would have been eligible for a 1-year RNISP contract at $5,000 per year upon meeting the education and certification requirements on 1 August 2012.
f. A review of the available officer special pay and finance data indicates that a 4-year RNISP contract at $20,000 per year effective 1 October 2012 was processed and paid. This contract is erroneous.
g. Based on the discussion above, the applicant is not eligible for the requested RNISP.
h. The advisory opinion suggested that the applicant may request to terminate with recoupment the 4-year RNISP for the period from 1 October 2012 to 30 September 2016, and request a 1-year RNISP for the period from 1 August 2012 to 31 July 2013; or she could accept adjustment to the effective period of the 4-year RNISP to 14 October 2012 to 13 October 2016.
3. On 15 February 2013, a copy of the advisory opinion was sent to the applicant. No response was received.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows that the applicant does not meet the requirements for a 4-year RNISP beginning on 1 August 2012. The advisory opinion provides the applicant a couple options which include requesting a 1-year contract or a 4-year contract with a different effective date. However, the applicant failed to respond.
2. In view of the above, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ____x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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) AR20120021558
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ABCMR Record of Proceedings (cont) AR20120021558
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