IN THE CASE OF:	  

		BOARD DATE:	  13 August 2013

		DOCKET NUMBER:  AR20130001454 


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 start and end date of her Individual Specialty Pay (ISP) bonus contract from "15 April 2012 - 14 May 2015" to
"14 April 2013 - 14 April 2016."

2.  The applicant states:

	a.  On 15 April 2012, she submitted a 3-year extension on her Individual Specialty Pay (ISP) bonus contract with the Army Nurse Corp (ANC).  This contract was a continuation of her original 4-year contract with an effective date of 15 April 2009 - 14 April 2013.  The extension contract has an erroneous start date that needs correction.  It shows "15 April 2012 - 14 April 2015," but should read "14 April 2013 - 14 April 2016."

	b.  She extended her contract within a year of her original service obligation. By signing this new contract with the wrong dates, she now has "renegotiated" her original contract and has a financial debt of $5,000.00.  She received her final payment of $20,000.00, in April 2012, less taxes, for the original 4-year contract (15 April 2009 - 14 April 2013).  By submitting this new 3-year contract with the wrong start date for $15,000.00, she is now obligated to pay the "overpayment" of $5,000.00.  This second contract that was signed on 7 May 2012 has the erroneous effective date and should be corrected to read as 15 April 2013 -
14 April 2016.  She asks the Board to help her resolve this error.  Her intentions were to complete a new contract and retire with 22 years of service, not 21.  She 

is responsible for the error because she did not pay attention to detail.  She requests permission to resubmit with the correct dates, or be allowed to change the dates to read 15 April 2013 - 14 April 2016.  This error will cause a significant financial burden on her family and requires the swiftest remedies possible.  Her intentions were only to continue to serve and use this great opportunity provided by the ANC again.

3.  The applicant provides:

* Agreement tracking datasheet
* Request for Registered Nurse Incentive Special Pay (RN-ISP)
* Medical Surgical Registered Nurse certification letter
* Certified Medical Surgical Registered Nurse Certificate

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service, the applicant was appointed as a Regular Army commissioned officer, ANC, in the rank of second lieutenant.  She executed an oath of office on 22 September 2006.  She was promoted to captain on 1 October 2009.

2.  On 15 April 2009, she signed a contract indicating she was a licensed, credentialed, and certified Registered Nurse and that she is eligible for the
RN-ISP.  She agreed to serve 4 years of continuous active duty from 15 April 2009 to 14 April 2013.  In consideration of entering into this agreement, the Army agrees to pay her the amount of $20,000.00 for each year of the agreement.

3.  On 7 May 2012, she signed another contract indicating she was a licensed, credentialed, and certified Registered Nurse and that she is eligible for the
RN-ISP.  She agreed to serve 3 years of continuous active duty from 15 April 2012 to 14 April 2015.  In consideration of entering into this agreement, the Army agrees to pay her the amount of $15,000.00 for each year of the agreement.

4.  During the processing of this case, on 6 June 2013, an advisory opinion was obtained from the Chief, Army Medical Department Special pay Branch, Office of the Surgeon General (OTSG).  The advisory official stated:

	a.  The applicant is requesting to submit a 3-year RN-ISP contract at $15,000.00 per year for the period 15 April 2013 - 14 April 2016, and voiding the submitted, processed, and paid re-negotiated 3-year RN-ISP contract at $15,000.00 per year for the period 15 April 2012 - 14 April 2015.  This

re-negotiated contract resulted in a $5,000.00 debt due to reestablishing the previous contractual period.  The applicant indicates she did not realize the effective date of RN-ISP contract she executed by her signature on 7 May 2012 was incorrect and has now resulted in a personal financial burden.

	b.  Current policy requires contracts to be prepared via the Medical Operational Data System (MODS) special pay module.  Contract must be executed by signature up to 90 days in advance or within 30 days after the effective date.  Otherwise, the effective date must be reestablished as of the date of the signature.  All contracts executed outside of the policy for signature date or received outside the funded fiscal year are returned without action.

	c.  A review of the special pay and finance records indicate the applicant last processed and paid a 3-year RN-ISP contract at $15,000.00 per year was effective 15 April 2012 - 14 April 2015.  The applicant supplied a contract that indicates the 3-year contract at $15,000.00 per year effective 15 April 2012 -
14 April 2015, was executed by signature on 7 may 2012.  Since contract execution is limited to 90 days in advance of the effective date, the applicant's intent to have the RN-ISP contract effective 15 April 2013 a year in advance, would not have been authorized and would have been returned without action.

	d.  Since there is no policy, plan, procedure, or rate errors within the 3-year RN-ISP contract at $15,000.00 per year effective 15 April 2012 - 14 April 2015, the request to adjust the 3-year RN-ISP contract effective 15 April 2013 - 
14 April 2016 cannot be supported. 

5.  On 13 June 2013, the applicant was provided with a copy of the advisory opinion for information and to allow her the opportunity to submit comments or a rebuttal.  In her 21 June 2013 response, she stated:

	a.  Based on the advisory opinion, the RN-ISP contract, dated 15 April 2013 - 15 April 2015 was not authorized as it was executed outside the 90-day window and should have been returned without action.  If the contract were returned without action due to the error raised by the advisory official, her original $20,000.00 per year RN-ISP contract would have remained in place through
14 April 2013.

	b.  The advisory official's statement "there is no policy, plan, procedure, or rate errors within the 3-year RN-ISP contract at $15,000.00 per year" is contradictory in that the contract was allowed to be executed outside the policy for the signature date.  If the contract with a signature date of 7 May 2012 had been sent back without action, the original contract would have remained in place.
	c.  She was recently paid a $15,000.00 per year installment for the erroneous RN-ISP contract dated 15 April 2012 when she should have been paid under the 3-year RN-ISP contract that became effective 15 April 2013 - 15 April 2016, given the requested adjustment.

	d.  She requests the Board make any necessary adjustment required in policy, procedure, or rate to ensure her current RN-ISP contract has an effective date of 15 April 2013 - 14 April 2016 and that the $5,000.00 debt cause by the erroneous contract be removed.

6.  Department of Defense Financial Management Regulation, Volume 7A, chapter 5 states in:

	a.  Section 210201, to be eligible for ISP a person must be:

* an officer of the Nurse Corps of the Army or Navy, or an officer of the Air Force designated as a nurse
* be a fully qualified registered nurse with an active, full unrestricted license in a designated specialty of (in the applicant's case) a certified medical surgical nurse
* hold a nationally recognized certification in one of the clinical nursing specialties listed in subparagraph 210201.B
* have completed a specialty nursing course approved by the Service Surgeon General or a graduate program in one of the clinical specialties listed in subparagraph 210201.B
* meet the eligibility criteria in paragraphs 210202 and 210203

	b.  Section 210204 (Amount), the Secretaries concerned may, upon acceptance of the written agreement, pay an eligible individual incentive pay in an annual amount not to exceed: 

* $5,000.00 a year for a 1-year contract. 
* $10,000.00 a year for a 2-year contract. 
* $15,000.00 a year for a 3-year contract. 
* $20,000.00 a year for a 4-year contract

DISCUSSION AND CONCLUSIONS:

1.  The applicant executed a contract wherein she agreed to serve 4 consecutive years on active duty from 15 April 2009 to 14 April 2013.  In exchange, she was paid the RN-ISP bonus of $20,000.00 per year for each year of the agreement.

2.  On 7 May 2012, she renegotiated her contract when she executed a new contract for 3 years beginning on 15 April 2012 and ending on 14 April 2015.  Since the original contract promised $20,000.00 year for a 4-year commitment and since she only completed 3 years of her commitment, the authorized amount was changed to $15,000.00 per year.  She began a new contract on 15 April 2012 for 3 years.  This one also pays a bonus at the rate of $15,000.00 per year.

3.  There is neither an error nor an injustice in the applicant's case.  She was appropriately paid as stipulated in each contract she executed.

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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)                                         AR20130001454



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ABCMR Record of Proceedings (cont)                                         AR20130001454



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