IN THE CASE OF:
BOARD DATE: 26 September 2013
DOCKET NUMBER: AR20120022675
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 payment of Registered Nurse Incentive Special Pay (RNISP) for the active duty periods of 15 October 2006 through 13 October 2009 and 1 November 2010 through 30 October 2012.
2. The applicant states:
a. He was commissioned as an Emergency Room Registered Nurse on 15 December 2003.
b. He maintained his Registered Nurse License during his periods of active duty, as well as national certification as a Certified Emergency Nurse and Certified Pediatric Emergency Nurse.
c. During his active duty periods, the finance clerk processing his records did not understand the differences between the Active and Reserve officer incentive special pay systems. Despite his efforts, the requested paperwork was never sent forward. In addition, during these deployments he did not have a typical S-1 office or support chain to help in his efforts.
d. Upon arrival at Fort Bliss, Texas, a human resources specialist was finally able to help him.
3. The applicant provides copies of:
* multi-state registered nurse license
* certification as Certified Emergency Nurse
* certification as a Certified Pediatric Emergency Nurse
* memorandum of appointment as a Reserve commissioned officer
* DA Form 5074-1 R (Record of Award of Entry Grade Credit (Health Services Officers))
* 18 September 2006 active duty orders
* 22 August 2007 active duty orders
* 24 September 2008 active duty orders
* 1 August 2008 University of Phoenix Bachelor of Science in Nursing Certificate
* 1 October 2009 active duty orders
* 13 October 2010 DD Form 214 (Certificate of Release or Discharge from Active Duty)
* All Army Activities Message 365/210, dated 30 November 2010, subject: Army Nurse Corps Incentive Special Pay Policy, Plan, and Rates
* 17 June 2011 active duty orders
CONSIDERATION OF EVIDENCE:
1. Having prior enlisted service, the applicant was appointed as a U.S. Army Reserve first lieutenant in the Army Nurse Corps on 15 December 2003. He was promoted to major on 5 October 2012.
2. He provided orders showing he was ordered to active duty from 15 October 2006 through 13 October 2010 and from 1 November 2011 for 365 days.
3. In the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department Special Pay Branch, Office of the Surgeon General. The official recommended approval of the applicant's request and noted:
a. The applicant is requesting payment of the Specialty RNISP at $5,000.00 per year payable on a prorated basis during the Reserve Component mobilized periods 15 October 2006-13 October 2009 and 1 November 2010-30 October 2012. He claims he never received RNISP during these mobilized periods because a request was never processed through command personnel channels.
b. A review of available officer special pay data indicates the applicant is currently receiving RNISP with authorization effective 5 October 2012. There are no other records available indicating authorizations or payment of RNISP during the requested periods.
c. Based on the extenuating circumstances of mobilization, the requested RNISP at $5,000.00 per year is supported on a prorated basis as of 11 July 2007 (the date RNISP was authorized by the Army) to 13 October 2010 and from 1 November 2010 to 4 October 2012.
4. On 26 April 2013, a copy of the advisory opinion was forwarded to the applicant for information and to allow him an opportunity to submit comments or a rebuttal. No response was received.
DISCUSSION AND CONCLUSIONS:
It appears circumstances beyond his control led to the delay in submitting the agreement. He was clearly authorized to enter into an agreement for RNISP for the periods 11 July 2007 (the date RNISP was authorized by the Army) through 13 October 2010 and 1 November 2010 through 4 October 2012 (OTSG states he is currently receiving RNISP effective 5 October 2012). Therefore, his record should be corrected to show he did so in a timely manner.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X___ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 he entered into an RNISP contract for the periods 11 July 2007 through 13 October 2010 and 1 November 2010 through 4 October 2012 in a timely manner and
b. paying him retroactive payment of RNISP for the periods 11 July 2007 through 13 October 2010 and 1 November 2010 through 4 October 2012 in the total amount of $5,000.00 per year.
2. The Board further determined 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 correcting his records to show he was eligible for payment of RNISP for the period 15 October 2006 to 10 July 2007.
__________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) AR20120014125
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120022675
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